Intersection between Administrative Law and Private Law on Environmental Law Litigation in Indonesia Legal System
Year: 2023
Type: article
Abstract: Although environmental litigation in Indonesia is often within the realm of private law and often people who go there their purpose is for material wealth only. However, this does not cover the fact that the consequences of environmental damage must be handled with rational approaches that have long-term consequences and private courts do not provide this. Often environmental cases that occur give rise to the government itself, which commits unlawful acts which are often sued under article 1365 concerning unlawful acts. Lawsuits with this article must prove an element of guilt, to get witnesses in the form of compensation. In contrast to the strict liability stipulated in Article 88 of the Environmental Protection Act (UUPLH), where the elements of proving guilt do not need to be carried out by the plaintiff. Therefore, such a legal basis would be better submitted in the Administrative Court justice system. Administrative judicial justice in the state is more aimed at advocating law and resolving environmental problems to the root with solutions that prioritize the environment in a sustainable manner.
Authors: Riki Julianto, Ridwan Arifin
Institution: State University of Semarang
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4393362020