ANALISIS PUTUSAN HAKIM DALAM PENGENAAN SANKSI GANTI KERUGIAN TERHADAP PENCEMARAN LINGKUNGAN YANG DILAKUKAN PT BINA USAHA CIPTA PRIMA (Studi Kasus Putusan Pengadilan Nomor 249/Pdt.G/LH/2020/PN Blb)

Hidayat, Yohanes Braminus (2025) ANALISIS PUTUSAN HAKIM DALAM PENGENAAN SANKSI GANTI KERUGIAN TERHADAP PENCEMARAN LINGKUNGAN YANG DILAKUKAN PT BINA USAHA CIPTA PRIMA (Studi Kasus Putusan Pengadilan Nomor 249/Pdt.G/LH/2020/PN Blb). S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The The title of this legal writing is an analysis of the judge's decision regarding the imposition of compensation sanctions for environmental pollution carried out by PT Bina Usaha Cipta Prima (Case Study of Court Decision Number 249/Pdt.G/LH/2020/PN Blb). The legal issues studied relate to the environmental pollution case of the Citarum watershed, especially the Cibaligo river, carried out by PT Bina Usaha Cipta Prima. The purpose of this legal research is to find out the judge's legal considerations in handing down a decision with a compensation value that is very different from the compensation value requested by the Indonesian Ministry of Environment and Forestry in its lawsuit. This legal writing uses normative legal research methods that analyze the facts that occurred in trials and the data is obtained through literature studies, the Constitution, laws, government regulations and court decisions. The research results show that the judge's considerations in handing down decisions were guided by the results of previous deadlocked negotiations between KLKH RI and PT Bina Usaha Cipta Prima due to inconsistent differences in the value of compensation calculated by experts. The real weakness is in the law itself. The PPLH Law and other environmental regulations do not provide a definite explanation regarding the limits of absolute responsibility in environmental cases. In his decision, the judge did not take a progressive attitude towards the legal reality that occurred by not taking into account the impact of environmental damage. The judge only punished PT Bina Usaha Cipta Prima with punitive sanctions but did not impose remedial sanctions to return the environment to its original state as it prioritizes environmental justice

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