Salvato in:
Dettagli Bibliografici
Autori principali: Bahy Frederick J Eryansan, Yohanes Braminus Hidayat, Yanuarius M Fay, Hyronimus Rithi
Natura: Recurso digital
Lingua:Antico inglese
Pubblicazione: Zenodo 2025
Soggetti:
Accesso online:https://doi.org/10.5281/zenodo.17995897
Tags: Aggiungi Tag
Nessun Tag, puoi essere il primo ad aggiungerne!!
Sommario:
  • <p>The title of this research is PT. PLN's Legal Responsibility for Environmental Damage & Pollution caused by the Implementation of the Geothermal Project in Mataloko. The core of this legal issue is that PT. PLN, in implementing this geothermal project, did not pay attention to the principle of prudence mandated in the Environmental Protection and Management Law (PPLH), which should be the benchmark for the implementation of large projects such as geothermal projects that pose a high risk to the surrounding environment. In the implementation of the geothermal project, there has been a great deal of environmental pollution and damage in Mataloko. There has been no legal responsibility taken by the government. This study uses a normative legal research method, which analyzes facts and data obtained through literature studies, the Constitution, laws and regulations, government regulations, and also uses Hans Kelsen's theory of legal certainty and social responsibility. The results of this legal study conclude that in the theory of legal certainty, Hans Kelsen, with his pure theory of law, states that law needs to be separated from non-juridical considerations. Law must be pure, logical, and certain. The law must be enforced against violations of regulations in the law, especially environmental law. In accordance with the provisions of Law Number 32 of 2009 concerning Environmental Protection and Management, PT PLN is responsible for restoring the environment and paying compensation. Restoration includes the stages of remediation, rehabilitation, and restoration to return the environment to its original state. In addition, based on Law Number 40 of 2007 concerning Limited Liability Companies, PLN also has Social and Environmental Responsibility (TJSL) that must be implemented as a form of the company's commitment to sustainable development.</p>