Jurnal Hukum dan Pembangunan


BUKA SIAPE SAMBEHIN INJIN: KOMENTAR ATAS PUTUSAN TENTANG IZIN LINGKUNGAN PLTU CELUKAN BAWANG

Wibisana, Andri Gunawan (Unknown)
Fadhillah, Fajri (Unknown)



Article Info

Publish Date
31 Mar 2022

Abstract

This paper examines administrative court’s view in the Izin Lingkungan PLTU Celukan Bawang case. The paper puts emphasis on the use of actual losses to assess the plaintiffs’ legal standing and the deadline for filing a lawsuit. This paper considers that the court was incorrect in interpreting the legal standing by focusing on the absence of plaintiffs’ actual losses. The court also took a conservative position in determining the deadline for filing the lawsuit. This paper criticizes the court’s failure to take into account the issue of climate change addressed by the plaintiffs, so that the court missed a golden opportunity to become one of the few rulings pioneering the discussion of climate change in the EIA study. It is the court's inaccuracy in assessing the interests of the Plaintiffs that prevented the court from seriously and deeply discussing the substantive issues argued by the plaintiffs, including the issue of climate change.

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Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...