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VOL. 10, ISSUE 5 (2024)
Precautionary principle in settlement of environmental disputes in Indonesia
Authors
Cita Yustisia Serfiyani, Ari Purwadi
Abstract
Legal protection for the community from the deteriorating quality of
the environment in Indonesia has been guaranteed by Act Number 32 of 2009 on The Protection
and Management of Environment. However, in practice, environmental disputes
still occur due to pollution and/or environmental destruction when victims who
feel harmed either intentionally or unintentionally use their right to sue,
either through a class action lawsuit, an environmental organization's right to
sue, or the government's right to sue. Settlement of lawsuits for environmental
cases can be done through the courts or outside the courts. Dispute resolution
through the courts refers to the approach of 3 (three) types of instruments,
namely administrative law, civil law and criminal law. This study discusses the
resolution of environmental disputes based on a responsive legal perspective
including the precautionary principle in examining the community's right to sue
and the government's right to sue as the plaintiff in representing the
interests of the community through a study of the implementation of
environmental cases that have occurred in Indonesia.
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Pages:1-3
How to cite this article:
Cita Yustisia Serfiyani, Ari Purwadi "Precautionary principle in settlement of environmental disputes in Indonesia". International Journal of Law, Vol 10, Issue 5, 2024, Pages 1-3
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