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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Max Doan Simanjuntak
Universitas Pembangunan Nasional Veteran Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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A LEGAL ANALYSIS OF THE CIVIL LIABILITY OF PT PETER METAL TECHNOLOGY INDONESIA REGARDING THE RELEASE OF THE RADIOACTIVE SUBSTANCE CESIUM-137: PERSPECTIVES FROM ENVIRONMENTAL LAW AND THE INDONESIAN CIVIL CODE Max Doan Simanjuntak; Sulastri
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21308103

Abstract

The case of the spread of radioactive Cesium-137 (Cs-137) that polluted the Modern Cikande Industrial Area, Banten, which originated from metal scrap of PT Peter Metal Technology Indonesia (PMT) has posed a serious threat to the environment and the surrounding community. This study aims to analyze the form of civil liability of PT PMT for the spread of radioactive substances viewed from the perspective of Environmental Law and the Civil Code (KUHPerdata). This study uses a normative legal research type (normative juridical) through a statutory approach, a case approach, and a conceptual approach. Data collection was carried out by means of a literature study and analyzed using qualitative methods. The results of the study indicate that the spread of Cs-137 is subject to the principle of strict liability as regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH), where companies that manage high-risk hazardous and toxic materials (B3) are held absolutely responsible without the need to prove any element of fault. PT PMT's civil liability is based on Article 1365 of the Civil Code concerning Unlawful Acts (PMH) and Article 87 of the Environmental Management Law (UUPPLH), which implements the polluter pays principle. Therefore, PT PMT is obligated not only to pay compensation to injured parties but also to bear all costs of decontamination and environmental restoration. However, the effectiveness of this civil sanction depends heavily on scientific proof of causality and the results of investigations by authorized technical agencies, such as BAPETEN and BRIN.
Co-Authors Sulastri