Pertanggungjawaban Korporasi dalam Ganti Rugi Kerusakan Lingkungan Hidup dan Kehutanan Akibat Kebakaran Hutan (Studi Putusan Pengadilan Negeri Jambi Perkara Nomor : 107/Pdt.G/LH/2019/PN.Jmb)

Abstract

Today, the issue of the environment has become one of the topics that are often discussed both on a national and international scale. To ensure legal certainty, legal justice and provide protection for everyone to get a good environment, the government issued Law Number 32 of 2009 concerning Environmental Protection and Management. Based on UUPPLH, corporate responsibility is regulated in. In this study, one of the cases taken as material is the Jambi District Court's decision on land and forest fires against a private company in the Jambi area. Based on the explanation above, this normative juridical research discusses issues regarding the regulation of corporate responsibility that applies according to the legislation in Indonesia, the regulation of corporate responsibility in the environmental sector based on Law Number 32 of 2009 concerning Environmental Protection and Management and analyzes the legal considerations of judges who have specified in the court's decision. Regarding the regulation of corporate liability in force in Indonesia, it is classified into liability based on fault, presumption of liability and strict liability. Furthermore, corporate responsibility based on UUPPLH is divided only into responsibilities based on fault and strict responsibility. Next, analyze the judge's considerations in deciding the forest fire case from one of the cases in the Jambi area. In order to create legal justice for the disputing parties, it is necessary to understand some guidelines for implementing the Law on Environmental Protection and Management through government regulations governing the implementation of corporate responsibility.