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Faza Pauzia Hermawan; Milda Kurnia Herawati; Raenita Aulia Dewi; Tierra Kresna

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Environmental pollution and degradation remain serious issues in Indonesia, causing significant impacts on ecosystems and the social life of communities. One of the fundamental principles in environmental law aimed at ensuring ecological restoration is the Polluter Pays Principle (PPP), which obliges polluters to bear all costs arising from environmental pollution or damage caused by their activities. This study aims to analyze the effectiveness of enforcing the Polluter Pays Principle as a mechanism for ecological restoration in resolving environmental disputes in Indonesia. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that although the Polluter Pays Principle has been normatively adopted in Law Number 32 of 2009 on Environmental Protection and Management, its implementation in practice remains suboptimal. Major obstacles include weak law enforcement, power imbalances between business actors and affected communities, lack of transparency in the use of compensation funds, and limited public participation in environmental restoration processes. Therefore, strengthening regulatory frameworks, enhancing the capacity of law enforcement institutions, and adopting a restorative justice approach are necessary to ensure that the Polluter Pays Principle functions effectively in achieving ecological restoration and environmental justice in Indonesia.

Sudi Haryansyah; Rachmadi Usman; Muhammad Ananta Firdaus

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Mining activities in Indonesia result in significant environmental degradation, necessitating a robust legal framework for post-mining rehabilitation. However, enforcement is often hindered by normative overlaps between the Mining Law (No. 3/2020) and the Environmental Law (No. 32/2009), alongside a "supervisory vacuum" caused by recent centralization. This research evaluates the government's role in enforcing rehabilitation obligations and proposes a synchronized legal approach. Using a normative juridical method, the study identifies that authority fragmentation leads to a lack of accountability in reclamation fund management. Findings suggest that rehabilitation is frequently treated as a formal administrative procedure rather than a substantive ecological duty. Consequently, this study proposes a "Green Mining Governance" model that integrates environmental standards directly into mining permits (IUP) through a unified, inter-agency supervision system. This proposed framework integrates stringent environmental standards directly into the Mining Business Permit (IUP) and the annual Work Program and Budget (RKAB) through a unified, inter-agency supervision system. Such a reconstruction is essential to ensure that environmental restoration transcends formalistic requirements, evolving into a substantive legal obligation aimed at achieving long-term ecological justice and sustainable resource management.

I.A. Pradnyandari Pidada; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the application of the concept of liability without fault in resolving environmental disputes in Indonesia, by highlighting the legal basis, implementation, and challenges faced. The method used is a conceptual approach to examine relevant regulations and court decisions in order to obtain legal clarity regarding absolute responsibility in environmental pollution cases. The results of the study indicate that although this principle has been regulated in Article 88 of UUPPLH No. 32 of 2009 and reinforced by various derivative regulations, its implementation still faces obstacles, especially in terms of law enforcement, supervision, and compliance of business actors in carrying out environmental restoration obligations. Therefore, it is necessary to strengthen regulations, increase the capacity of law enforcement officers, and implement environmental assurance mechanisms to ensure the effectiveness of liability without fault in environmental protection in Indonesia.  

Imelia Damai Agusthin; Sasqia Putri Ramadhani; Muhammad Adymas Hikal Fikri

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

In early March 2024, black oil waste was found along the shores of Bintan Island in the Riau Islands Province. This is not the first time an oil spill has been discovered on Bintan Island; such incidents recur annually. This article discusses the legal policies of the applicable maritime law convention related to this case, as well as the environmental restoration mechanisms due to oil spills in marine waters. This research adopts a juridical-normative approach, employing the Statute Approach. Data analysis is conducted qualitatively, using secondary data sources, and employing legal document analysis and literature study methods. UNCLOS provides a strong legal foundation for countries to preserve and protect the marine environment, including actions in response to oil spills. The legal provisions discussed in this article are Article 1 Paragraph (4), Article 192, Article 193, Article 233, Article 220, and Article 230 of UNCLOS 1982, covering definitions, state obligations and autonomy, the role of states, enforcement authority, and compensation obligations. The primary objective in the initial emergency response is to control the movement of the oil as much as possible and minimize its toxic impact on the marine environment. Various methods that can be chosen include in-situ burning, oil dispersants, using absorbents, and bioremediation. After cleaning the oil from the waters, attention shifts to rehabilitating the affected ecosystem, involving restoration steps such as restoring natural habitats and replanting marine vegetation, with collaboration between the government, community, and local entities for positive future impacts.  

Sri Juwita Putri; Qristiana Qristiana; Nadila Khairunisa; Alief Anugrah; Herli Antoni

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

In Article 80 of the Law on Environmental Protection and Management, it has been regulated regarding government coercive administrative sanctions aimed at stopping violations and taking action to restore environmental functions.  According to Law no.  32 of 2009 regarding the protection and management of the environment which is already stated in Article 1 paragraph (14) which states that environmental pollution is the entry or inclusion of living things.  The data analysis method used is qualitative with research results based on certain statutory norms related to environmental protection and management.  In Indonesia there have been several cases that are quite detrimental and endanger the region itself.  To protect the area from these things, the government also issued an Environmental Protection and Management Act aimed at protecting and preventing the environment from environmental crimes from irresponsible actors as well as informing or guiding local communities and entrepreneurs to protect their environment.  Fine criminal sanctions are carried out to overcome and restore the environment, and pay compensation to the government as an environmental supervisor.  The principle of ultimum remedium is applied here, namely criminal sanctions that are given after administrative sanctions have been given once to the perpetrators of crimes in the form of imprisonment and also fines.  Imprisonment sanctions as an ultimatum remedium support the enforcement of norms and strengthen administrative sanctions if they are not implemented optimally.