Upaya Preventif Dan Represif Kerusakan Lingkungan Hidup Melalui Asas Pencemar Membayar (POLLUTER PAYS PRINCIPLE)

Widodo, Teguh Endi (2021) Upaya Preventif Dan Represif Kerusakan Lingkungan Hidup Melalui Asas Pencemar Membayar (POLLUTER PAYS PRINCIPLE). Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The provisions in Article 87 paragraph (1) UUPPLH in principly regulate the compensation that must be carried out by the person in charge of the business and/or activity that pollutes and/or damages the environment causing harm to other people or the environment to perform certain actions. If seen in the explanation of Article 87 paragraph (1) UUPPLH, the provision turns out to be the embodiment of the "polluter pays principle" which actually only focuses on environmental recovery, not compensation for victims of environmental damage. Based on these problems, the formulation of the research problem is (1) the essence of the Polluter Pays Principle as an Effort to Prevent Environmental Pollution in Indonesia, (2) the Concept of Environmental Pollution Prevention in Indonesia Based on the Prevention Pollutter Pays Principle. This research is juridical-normative with a statutory and conceptual approach as well as a philosophical approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials were collected using the literature study method and analyzed deductively. The principle of polluters paying no maximum is used as an effort to prevent environmental pollution in Indonesia. This is because the sanctions imposed on polluters pay only “pay compensation and environmental restoration costs” so they cannot guarantee the loss of pollution that has occurred or will occur. While the concept of prevention of pollution can prevent and eliminate the occurrence of environmental pollution. This principle focuses on prevention (preventive) so as not to wait for pollution to occur and then take action. This is certainly fairer for the environment as an object that must be protected at all times, even before pollution occurs. This principle is in accordance with John Rawls' theory of justice, fair justice has relevance to the nature of the right to development. "The relevance is not only in the field of development of economic, social and cultural rights, but also the development of civil and political fields as well as healthy environmental rights and Van Apeldoorn's theory of legal certainty, namely that the law must be regulated in a concrete manner in addition to being a clear guideline, also to prevent arbitrary acts. Keywords: Pollution Pays Principle, Environmental Law, Pollution Prevention Principle.

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: 1331500464 teguh endi
Date Deposited: 08 Dec 2021 01:14
Last Modified: 08 Dec 2021 01:14
URI: http://repository.untag-sby.ac.id/id/eprint/11762

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