Environmental pollution caused by palm oil mill waste leakage can result
in both economic and social losses for surrounding communities, particularly for
oil palm farmers. The case that occurred in Indragiri Hulu Regency, Riau, involves
PT. Surya Jaya, which is alleged to be responsible for the leakage of a waste
retention pond that contaminated the oil palm plantation owned by Ucok Siregar.
This Legal Memorandum discusses the form of legal protection and the right to
compensation for oil palm farmers affected by environmental pollution. The
research method used is normative juridical, employing a statutory approach.
Based on the analysis, affected farmers are entitled to compensation as stipulated
in Article 1365 of the Indonesian Civil Code and Article 87 of Law No. 32 of 2009
on Environmental Protection and Management, which establishes the principle of
strict liability for business actors causing pollution. Moreover, dispute resolution
can be pursued through both litigation and non-litigation mechanisms, as provided
under Article 85 of the Environmental Law. Therefore, PT. Surya Jaya is legally
obliged to restore environmental functions and provide compensation to the
affected farmers