Manuscript Title:

LEGAL LIABILITY FOR COASTAL POLLUTION BY FACTORY WASTE WITH JUSTICE

Author:

DHOVAN OKTAVIANTON, LAZARUS TRI S., IRMA CAHYANINGTYAS

DOI Number:

DOI:10.5281/zenodo.10203186

Published : 2023-11-23

About the author(s)

1. DHOVAN OKTAVIANTON - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. LAZARUS TRI S. - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. IRMA CAHYANINGTYAS - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The purpose of this study is to analyze: 1) How is responsibility for pollution and or destruction of the environment? 2) What is the process of resolving disputes over pollution and / or environmental destruction? 3) What is the legal responsibility for coastal pollution by factory waste that is fair? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) In the context of environmental management or control of all natural resources and the environment, the responsibility inherent in it is not only owned by the state, but it is also related to the company. Companies or corporations managing B3 waste have the obligation to carry out social responsibility for the community and the environment around the company's activities. 2) Law Number 32 of 2009 Article 87 regulates the obligation of the person responsible for the business to compensate the person or environment who is harmed. In addition to victims, environmental organizations can also hold civil liability to business actors. However, if the lawsuit is made by an environmental organization, the request that can be made is limited to taking certain actions, except for real costs or expenses. So that people who suffer losses due to pollution and / or environmental destruction can bring lawsuits together by means of class actions. The most important thing in carrying out this lawsuit, community groups can take ways outside the court known as alternative dispute resolution mechanisms According to Article 1 point (5). 3) Regulation of the Minister of Environment Number 13 of 2011 concerning Compensation for Pollution and/or Environmental Damage. "Compensation is a cost that must be borne by the person responsible for activities and/or businesses due to pollution and/or environmental damage". Every person or legal entity that pollutes the environment and is proven, then he must be responsible for the environmental damage that has been done.


Keywords

Liability, Law, Pollution, Beach, Waste, Justice.