Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Ramadhan Kahfi Fahlafi
Universitas Pembangunan Nasional “Veteran” Jawa Timur
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
PEMENUHAN GANTI RUGI DAN/ATAU MELAKUKAN TINDAKAN TERTENTU ATAS KERUSAKAN LINGKUNGAN HIDUP OLEH PT. GREENFIELDS FARM 2 BLITAR Ramadhan Kahfi Fahlafi; Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.230

Abstract

A healthy environment is a human right that is guaranteed by the 1945 Constitution of the Republic of Indonesia. Law of the Republic of Indonesia Number 32 of 2009 concerning the Protection and Management of the Environment gives the government and/or local government, communities and environmental organizations the right to file a claim for compensation. losses from pollution and/or environmental damage. This is in accordance with the principles of environmental law, namely the polluter pays principle. This study aims to find out how to fulfill compensation and/or take certain actions for environmental damage by PT. Greenfields Farm 2 Blitar and what are the inhibiting factors in fulfilling compensation and/or taking certain actions by PT. Greenfields Farm 2 Blitar. This study uses empirical juridical research methods. Data collection was carried out by means of literature studies and interviews. Data analysis was carried out using descriptive analytical methods and using a qualitative approach. The results of the study show that there is a reference in calculating the amount of compensation that can only be determined by an expert on the basis of the Minister of Environment Regulation Number 7 of 2014 concerning Environmental Losses Due to Pollution and/or Environmental Damage. In fulfilling compensation and/or taking certain actions there are 3 (three) inhibiting factors in fulfilling compensation for environmental pollution and/or damage, namely legal factors such as the absence of a clear legal basis to calculate the valuation of compensation for the community due to environmental damage, law enforcement factors such as the absence of a deterrent effect in imposing administrative sanctions, and societal factors such as a lack of awareness of the importance of the environment
Co-Authors Hervina Puspitosari