ASAS PENCEMAR MEMBAYAR (POLLUTER PAYS PRINCIPLE) DALAM TINDAK PIDANA PENCEMARAN DAN/ATAU KERUSAKAN LINGKUNGAN HIDUP (PUTUSAN NOMOR 240/PID.B/LH/2020/PN SAK)

OKTAVIANI, BR SIPAYUNG (2023) ASAS PENCEMAR MEMBAYAR (POLLUTER PAYS PRINCIPLE) DALAM TINDAK PIDANA PENCEMARAN DAN/ATAU KERUSAKAN LINGKUNGAN HIDUP (PUTUSAN NOMOR 240/PID.B/LH/2020/PN SAK). Masters thesis, Universitas Andalas.

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Abstract

A good and healthy environment is one of the basic rights guaranteed in UUD NKRI 1945, but the existence of human interests threaten the sustainability and preservation of the environment resulting in environmental pollution and destruction. Efforts to guarantee environmental restoration occur by enforcing the polluter pays principle in law enforcement. One of the environmental pollution that has occurred in Indonesia is a case that has been decided by the court according to decision number 240/Pid.B/LH/2020/PN SAK. This research was conducted to answer how the implementation of the polluter pays principle in law enforcement against acts of pollution and/or environmental damage based on UUPPLH, whether the polluter pays principle is implemented in handling case number 240/Pid.B/LH/2020/PN Sak and whether the implementation of polluter pays principle in case number 240/Pid.B/LH/2020/PN Sak managed to restore the environment. This research was conducted using normative research methods with the data source being positive law sources in force in Indonesia. The implementation of the polluter pays principle in handling criminal acts of pollution and/or environmental damage based on the UUPPLH is not explicitly regulated to be applied in handling criminal acts. The application of the polluter pays principle in criminal enforcement can be used to achieve restorative justice. In the criminal case number 240/Pid.B/LH/2020/PN Sak, the Judge did not consider the principle of the polluter paying explicitly, but in imposing an additional sentence in the form of repairs as a result of the crime it was carried out in the form of payment of an amount of money calculated based on economic loss and recovery costs. to be borne by the Defendant. The additional sentence does not achieve the goal of environmental restoration because the execution of the decision does not guarantee the recovery of the PT WSSI business permit area located in the Siak Forest River Group, Siak Regency, Riau Province which has been polluted and/or damaged. There is no environmental recovery because there is no law relating to the additional punishment.

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