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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Nathania Permata S
Faculty of Law, University of Mataram, Indonesia
Law, Crime, Criminology & Criminal Justice

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Judge's Reasoning in Determining Environmental Restoration Losses in Unlawful Acts in Forest Fire Cases (Examination of Decision Number 108/Pdt.G/2015/PN.Jkt.Utr.) Hera Alvina; Ikhsan Wahyudi; Nathania Permata S; Farhan; Yudi Pratama
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6451

Abstract

Forest and land fires in Indonesia have become a persistent and complex legal issue, particularly concerning the determination of environmental losses and the effectiveness of compensation mechanisms for restoration. This article examines the legal reasoning employed by judges in determining environmental restoration losses in civil cases concerning forest fires. The main issues addressed in this research are the basis of judicial reasoning in establishing the value of environmental damages and the extent to which environmental restoration methods can be recognized as a form of legal compensation. The objective of this study is to evaluate and critique the legal logic and approaches adopted by judges in case number 108/Pdt.G/2015/PN.Jkt.Utr., as well as to formulate future standards for assessing environmental losses. This research utilizes a normative juridical method with both case and conceptual approaches. Data were collected through literature review and legal documents, and subsequently analyzed qualitatively. The findings indicate that judges still face challenges in determining the value of environmental losses due to the absence of established ecological valuation standards. This research contributes to strengthening the paradigm of restoration-based environmental law and encourages the development of more comprehensive ecological valuation methods.
Co-Authors Farhan Hera Alvina Ikhsan Wahyudi Yudi Pratama