Analysis of the Limitation of Implementation of Act Against the Law and Force Majeure of Environmental Damage Due to Forest Fire by PT National Sago Prima Based on Legislation Number 32 Year 2009 Concerning Environmental Protection and Management

DOI

10.2991/assehr.k.210805.162How to use a DOI?

Keywords

Environmental Law, Act Against the Law, Force Majeur

Abstract

One example of problems in environmental law that the author encountered is in the District Court Verdict Number 591/Pdt.G-LH/2015/PN.Jkt.Sel and the High Court Verdict Number 540/PDT/2017/PT.DKI which essentially contained fires forest that occurs in the Meranti Islands, which is an area belonging to PT National Sago Prima (PT NSP). In the legal considerations of the District Court judges, PT NSP was declared to have committed an illegal act which resulted in a forest fire because it was considered negligent in preventing and anticipating the forest fire. However, in the legal considerations of the High Court judges, the panel of judges has a different opinion, namely that the forest fire occurred not because of negligence by PT NSP but occurred because of a natural disaster. Then what is the basis for the judge’s consideration in the limitation of enforcement of actions against the law and force majeure against environmental damage due to forest fires? Legal certainty has not been achieved due to differences in opinion regarding the status of forest fires because the Judges at the District Court and the High Court have different considerations. Apart from that, the permits required by PT NSP to run its business are also deemed non-existent, whereas in fact the permit is already owned, even though it is not yet under PT NSP’s name.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nico Cassey
AU  - Mella Ismelina Farma Rahayu
PY  - 2021
DA  - 2021/08/08
TI  - Analysis of the Limitation of Implementation of Act Against the Law and Force Majeure of Environmental Damage Due to Forest Fire by PT National Sago Prima Based on Legislation Number 32 Year 2009 Concerning Environmental Protection and Management
BT  - Proceedings of the International Conference on Economics, Business, Social, and Humanities (ICEBSH 2021)
PB  - Atlantis Press
SP  - 1034
EP  - 1040
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210805.162
DO  - 10.2991/assehr.k.210805.162
ID  - Cassey2021
ER  -