Government's Right to Sue in Environmental Cases
The relationship between human rights (HAM) and environmental protection in Indonesia is becoming increasingly important with the awareness of the increasing impact of human activities on nature...
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Legal Literacy - The environment is an integral aspect of a country's sustainability, playing a key role in maintaining the balance of ecosystems and supporting life. Environmental sustainability has a direct impact on a country's economic, social and health well-being. First of all, a healthy and sustainable environment supports economic sustainability. Well-maintained natural resources, such as clean air, clean water and biodiversity, are the foundation for economic sectors such as agriculture, fisheries and tourism. Sustainable economic life ensures income and jobs for the community, as well as a continuous contribution to economic growth.
The environment is a natural heritage that involves the entire ecosystem, including air, water, soil and biodiversity. The state's responsibility for the environment includes protecting, maintaining and restoring natural resources so that they can be enjoyed by present and future generations. The state has a central role in maintaining ecological balance and preventing environmental damage that can harm human life and other living things. This responsibility is reflected in the formulation of environmental policies, enforcement of environmental laws, and promotion of public awareness of the importance of maintaining environmental sustainability.
Maintaining the environment with various conservation and sustainability efforts is a long-term investment that ensures that natural resources can be enjoyed by generations to come. Therefore, maintaining environmental sustainability is not only a moral responsibility, but also a smart policy to realize sustainable economic growth and community welfare.
Moreover, the environment is closely related to human rights. The relationship between human rights (HAM) and environmental protection in Indonesia is becoming increasingly important as awareness grows of the increasing impact of human activities on nature. Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) in Indonesia places the right to a healthy environment as part of human rights. The Indonesian Constitutional Court (MK) in several of its decisions has also recognized that the right to a healthy environment is a human right guaranteed by the 1945 Constitution. This reflects the recognition that every citizen has the right to live in a clean, healthy and sustainable environment.
Through Law No. 4/1982 is considered a milestone in national environmental politics because through this law environmental issues were first regulated nationally with broad and integrated material in one law, but this law does not regulate the settlement of environmental disputes through government lawsuits. The explanation of Article 20 paragraph (3) of Law No. 4/1982 states that the amount of recovery costs is determined by a team specifically formed by the government. The team conducts research covering the fields of ecology, medicine, socio-culture, and others as needed. In paragraph 4 it is further stated, "The procedures for determining and paying environmental restoration costs are regulated by laws and regulations." Meanwhile, Lotulung mentioned that Government Regulation Number 20 of 1990 concerning Water Pollution Control was the first regulation to provide regulations in Indonesia regarding lawsuits filed by the government against individuals who pollute the land (environment).
Law No. 4/1982 is considered a milestone in national environmental politics because through this law environmental issues were first regulated nationally with broad and integrated material in one law, but this law does not regulate the settlement of environmental disputes through government lawsuits. The explanation of Article 20 paragraph (3) of Law No. 4/1982 states that the amount of recovery costs is determined by a team specifically formed by the government. The team conducts research covering the fields of ecology, medicine, socio-culture, and others as needed. In paragraph 4 it is further stated, "The procedures for determining and paying environmental restoration costs are regulated by laws and regulations." Meanwhile, Lotulung mentioned that Government Regulation Number 20 of 1990 concerning Water Pollution Control was the first regulation to provide regulations in Indonesia regarding lawsuits filed by the government against individuals who pollute the land (environment).
More explicitly, the authority to sue the government is re-contained in Law No. 23/1997 concerning Environmental Management, precisely in Article 37 paragraph (2) which states that, "If it is known that the community suffers due to pollution and/or environmental damage to such an extent that it affects the basic life of the community, the government agency responsible in the environmental field can act in the interests of the community." This formulation is the basis for the government to file a civil lawsuit for losses arising from environmental damage and/or pollution. The government's right to sue for environmental damage and/or pollution is based on the provisions of Article 90 paragraph (1) of Law No. 32/2009 which reads, "Government agencies and local governments responsible in the environmental field are authorized to file lawsuits for compensation and certain actions against businesses and/or activities that cause environmental pollution and/or damage that results in environmental losses." In the Explanation it is stated that environmental loss is a loss arising from environmental pollution and/or damage that is not private property.
In addition, Law Number 32 of 2009 concerning Environmental Protection and Management is the main foundation that regulates environmental protection and management in Indonesia. The articles in this law provide a legal basis for the government to sue parties responsible for environmental damage. This regulation regulates environmental permits as one of the control mechanisms to involve the government in monitoring and controlling the environmental impact of certain business activities. The government can revoke or reject environmental permits if violations or serious risks to the environment are found.
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