Analisis penyelesaian sengketa terhadap pencemaran laut akibat pertambangan melalui upaya hukum class action (studi kasus no. 26/pdt.G/2009/pn.Tpi) = Analysis on dispute settlement towards sea-pollution caused by mining through class action (study case no
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Institusion
Universitas Pelita Harapan
Author
Lauren, Nirla
Subject
K Law (General)
Datestamp
2021-09-21 07:38:11
Abstract :
Marine pollution caused by mining disadvantages society in the surrounding area. Among others, fishes in the ocean will be contaminated and if it is exceeding a certain degree, it will cause the death of the fishes. Therefore, it could disturb fisherman?s livelihood in gaining marine product. The loss caused by polluting contamination and or environmental damaging would be sued through enforcement of civil law because the instrument of the law is to highlight compensation to the victim in accordance with the Law Legislation No. 32 of 2009 concerning Management and Protection Living Environment. Class action?s claim is quite successful after the establishment of Supreme Court Rules No. 1 of 2002 on Class Action Procedures. However, there are still cases being rejected because the claim does not meet the procedure requirements set by the class action. From that problem, wants to analyse in how to enforce the law of mining causation through civil law based on Law Legislation No. 32 of 2009 concerning Management and Protection Living Environment and how to implement the Class Action?s claim legally correct, by observing the decision from case No. 26/PDT.G/2009/PN.TPI. The aim of the research is using a normative approach with Qualitative data as the analysis method. Analysis? result from Law Legislation No. 32 Year 2009 concerning the Management and Protection Living Environment is providing place and mechanism through civils? scope, which is to compromise out of court or via the court. case No. 26/PDT.G/2009/PN.TPI have followed the Class Action?s claim properly, which are numerous group member, match of fact or event, and match types of demand.
Marine pollution caused by mining disadvantages society in the surrounding area. Among others, fishes in the ocean will be contaminated and if it is exceeding a certain degree, it will cause the death of the fishes. Therefore, it could disturb fisherman?s livelihood in gaining marine product. The loss caused by polluting contamination and or environmental damaging would be sued through enforcement of civil law because the instrument of the law is to highlight compensation to the victim in accordance with the Law Legislation No. 32 of 2009 concerning Management and Protection Living Environment. Class action?s claim is quite successful after the establishment of Supreme Court Rules No. 1 of 2002 on Class Action Procedures. However, there are still cases being rejected because the claim does not meet the procedure requirements set by the class action. From that problem, wants to analyse in how to enforce the law of mining causation through civil law based on Law Legislation No. 32 of 2009 concerning Management and Protection Living Environment and how to implement the Class Action?s claim legally correct, by observing the decision from case No. 26/PDT.G/2009/PN.TPI. The aim of the research is using a normative approach with Qualitative data as the analysis method. Analysis? result from Law Legislation No. 32 Year 2009 concerning the Management and Protection Living Environment is providing place and mechanism through civils? scope, which is to compromise out of court or via the court. case No. 26/PDT.G/2009/PN.TPI have followed the Class Action?s claim properly, which are numerous group member, match of fact or event, and match types of demand.
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