Analisis Yuridis terhadap Pemulihan Fungsi Lingkungan Hidup Akibat Perusakan Lingkungan Hidup dalam Penyelesaian Sengketa Perdata Lingkungan Hidup (Studi Putusan Nomor: 460K/Pdt/2016)

Abstract

Settlement of environmental disputes through the courts and outside the courts is carried out in the form of compensation and restoration of environmental functions due to environmental damage as stated in Law Number 32 of 2009 concerning Environmental Management and Environmental Protection and Law Number 6 of 2023 concerning Job Creation. In this regard, in this study there is a court decision based on the judge's consideration that has not fulfilled the elements of environmental function restoration, namely Decision Number: 460K/PDT/2016. The problems in this study are: Do the legal provisions of Law Number 32 of 2009 concerning Environmental Management and Environmental Protection and Law Number 6 of 2023 concerning Job Creation relating to the restoration of environmental functions due to environmental damage provide legal certainty; Does the mechanism for resolving civil environmental disputes provide benefits in restoring environmental functions; Does the judge's consideration of Decision Number: 460/PDT/2016 provide elements of environmental restoration. The research method used is the type of normative legal research, the nature of analytical descriptive research, the approach to statutory regulations and the case approach. Secondary data research data. The data analysis used is qualitative data analysis. The results of this study are: The legal provisions of Law Number 32 of 2009 concerning PPLH and Law Number 6 of 2023 concerning Job Creation relating to the restoration of environmental functions have not provided legal certainty or are open to multiple interpretations; The mechanism for resolving environmental civil disputes through the courts (litigation) and outside the courts (non-litigation) has provided benefits in the restoration of environmental functions in accordance with Law Number 32 of 2009 concerning Article 85 and Article 87 along with their explanations; The judge's considerations in Decision Number: 460K / PDT / 2016 have not fulfilled the elements of environmental function restoration based on Law Number 32 of 2009 concerning Environmental Protection and Management because the judge only sentenced and ordered the Defendant to pay environmental compensation.