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
- 10.2991/assehr.k.210805.162How to use a DOI?
- Environmental Law, Act Against the Law, Force Majeur
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.
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Cite this article
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 -