Corporate Civil Liability for Environmental Damage and Burning of Peatlands in Rawa Tripa Forest A Case Law Government Rights to Lawsuit Against PT. Kallista Alam

Abstract

This legal research aims to analyze the case of burned peatlands in Rawa Tripa Forest in the case-law of an environmental civil lawsuit between the Ministry of Environment and Forestry of the Republic of Indonesia (KLHK-RI) as the plaintiff against PT. Kallista Alam (defendant) at Meulaboh District Court. A court judgement partially granted the plaintiff's claim. Legal issues are formulated as the problem, how are the rationale for the decision (ratio decidendi) and legal norms created in court judgement? And what about the legal norms created in the court's decision regarding the environmental civil suit. The plaintiff's claim was partially granted and improved by Banda Aceh High Court. Ratio decidendi of court decisions culminated in the legal norms of the Supreme Court Decision Number 651 K/Pdt/2015 on August 28, 2015. The article 90 paragraph (1) Law of the Republic of Indonesia Number 32 Year 2009 regarding Protection and Management of Environment (UU PPLH 2009) increasingly confirmed that Governmental Agency and Local Government in charge of the environment should be authorized to file lawsuits and claims for the compensation of damages and the compulsion of a specific action. The action needs to be done against those who are in charge of undertakings and/or activities that cause pollution and/or damage to the environment and environmental losses, against corporate civil liability of PT. Kallista Alam.