Penyelesaian Sengketa Lingkungan Hidup Berdasarkan Kesepakatan di Propinsi Nanggroe Aceh Darussalam (Environmental Dispute Resolution Based on Agreement in province of Nanggroe Aceh Darussalam)

Abstract

Environmental dispute resolution based on agreement is one of government policy to overcome the weakness and legal limitation in solving the polycentrism and complex environmental problems. As a matter of fact, through stakeholdership, polluter pays and strictliability principles as characteristic rustic of Environmental Management Act (EMA), the conflict caused by the pollution and environmental damaged can be solved in speed process and low cost. Besides the informal process, the proof of contaminated resources to determine the fault as the basis of compensation, simpler and favor to the victim. However, the characteristic is not optimally implemented in operational level. This research focuses on the way how to overcome the environmental dispute resolution ideally which is able to give legal protection proportionally to the large society. The problems of research are formulated as follows. First, how is the ideal and proportional legal resolution concept that giving legal protection the society? Second, is the environmental dispute resolution based on customary agreement cincrone and more efficient compared with the resolution dispute that available in regulation? Third, why the environmental dispute resolution based on agreement in legal institution of adat is not yet optimally applied in Indonesia, especially in Nanggroe Aceh Darussalam Province? Based on the objective, this research combines normative and empirical legal research method. The analysis recources use primary and secondary data. The instruments for collecting data are: study document to the relevant Institutions, interview to the informants, and questionnaires to the purposive respondents as the sample to the location of research in the Northern and Central Aceh. The analysis uses quantitative and qualitative methods. In analyzing the research is used non- legal dicipline. However, this research is definitely a legal reseach. The results of this research describe: First, the type of the ideal conflict resolution accepted by the large society is through LHA-Plus. LHA-Plus is the combinations of traditional and formal regulated power (formal and informal leader). Second, the dispute resolution through LHA-Plus as a whole is not contradicted to the way of the available dispute solution in applied law. Third, the main factor of the fallure of LHA- Plus implementation is due to the wrong perception of legal officer to understod the function of law. So, in policy formulating based more on the legal regulation than justice and its utility to the society and environment. The unrealization of the stakeholdership concept and disharmony of Implementing regulation to the characteristic of EMA, particulary with custom community in solving the conflict by good faith rather than based on written law, also influence the application of legal concept of available dispute resolution.