Hidayat, Yohanes Braminus (2025) ANALISIS PUTUSAN HAKIM DALAM PENGENAAN SANKSI GANTI KERUGIAN TERHADAP PENCEMARAN LINGKUNGAN YANG DILAKUKAN PT BINA USAHA CIPTA PRIMA (Studi Kasus Putusan Pengadilan Nomor 249/Pdt.G/LH/2020/PN Blb). S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The The title of this legal writing is an analysis of the judge's decision
regarding the imposition of compensation sanctions for environmental pollution
carried out by PT Bina Usaha Cipta Prima (Case Study of Court Decision Number
249/Pdt.G/LH/2020/PN Blb). The legal issues studied relate to the environmental
pollution case of the Citarum watershed, especially the Cibaligo river, carried out
by PT Bina Usaha Cipta Prima. The purpose of this legal research is to find out the
judge's legal considerations in handing down a decision with a compensation value
that is very different from the compensation value requested by the Indonesian
Ministry of Environment and Forestry in its lawsuit. This legal writing uses
normative legal research methods that analyze the facts that occurred in trials and
the data is obtained through literature studies, the Constitution, laws, government
regulations and court decisions. The research results show that the judge's
considerations in handing down decisions were guided by the results of previous
deadlocked negotiations between KLKH RI and PT Bina Usaha Cipta Prima due
to inconsistent differences in the value of compensation calculated by experts. The
real weakness is in the law itself. The PPLH Law and other environmental
regulations do not provide a definite explanation regarding the limits of absolute
responsibility in environmental cases. In his decision, the judge did not take a
progressive attitude towards the legal reality that occurred by not taking into
account the impact of environmental damage. The judge only punished PT Bina
Usaha Cipta Prima with punitive sanctions but did not impose remedial sanctions
to return the environment to its original state as it prioritizes environmental justice

Item Type: Thesis (S1)
Uncontrolled Keywords: Environmental pollution, Judge's decision, Compensation
Subjects: Ilmu Hukum > Pertanahan, Pembangunan dan Lingkungan Hidup
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Date Deposited: 26 Feb 2025 03:15
Last Modified: 26 Feb 2025 03:15
URI: https://repository.uajy.ac.id/id/eprint/33531

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