Protection of Environment Rights Through the Rebus Sic Stantibus Principle in Natural Resources Management Contract in Indonesia
- 10.2991/assehr.k.200529.296How to use a DOI?
- environment rights, rebus sic stantibus principle, contract
The study aims at analyzing the protection of environmental rights through the rebus sic stantibus principle in the natural resources management contract. The data of this study are qualitative ones using normative legal research and used literature research. The rebus sic stantibus principle an agreement can be changed due to the occurrence of a fundamental change of circumstances. In the event of pollution and damage to environmental resulting from natural resources management contract, then the contract should be changed, provided that such changes should be accompanied by the restoration of the environment so that environmental rights are reserved. The natural resources management contract should provide equal footing between the parties and the environment in the contract, including in the event of a fundamental change of circumstances. The conclusion is that natural resource management contracts should make the rebus sic stantibus principle one of the main principles because this principle can make the position of nature the subject of the contract and the higher protection of nature from over-exploitation and exploration.
- © 2020, 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/).
Cite this article
TY - CONF AU - Hengki Firmanda PY - 2020 DA - 2020/05/29 TI - Protection of Environment Rights Through the Rebus Sic Stantibus Principle in Natural Resources Management Contract in Indonesia BT - Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019) PB - Atlantis Press SP - 178 EP - 181 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200529.296 DO - 10.2991/assehr.k.200529.296 ID - Firmanda2020 ER -