Cheryl Michaelia Ongkowiguno, . (2024) PERAN AHLI DALAM MENENTUKAN GANTI KERUGIAN STUDI KASUS PENCEMARAN LINGKUNGAN OLEH PT. GREENFIELDS. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
All stakeholders are obliged to protect and manage the environment, one of which is business actors or companies. PT. Greenfields, as a business actor, actually pollutes the environment which is detrimental to residents. Residents who felt aggrieved filed a class action lawsuit to ask for compensation for material and immaterial losses. The judge rejected the petitum regarding compensation for damages because there was no valid and detailed calculation from the expert. This research aims to determine the regulations regarding compensation claims for environmental pollution cases and the role of experts in influencing judges' considerations in rejecting or accepting compensation claims. The type of research used is normative legal research which is complemented by interviews with a statutory approach and a case approach. Interviews were conducted with the Ministry of Environment and Forestry, especially at the directorate of Environmental Dispute Resolution to gain a practical perspective. The findings show that environmental dispute resolution can be done through non-litigation and/or litigation. The PPLH Law gives the public the right to file a class action lawsuit. In contrast to civil procedural law in general which does not require expert testimony or witnesses, through Minister of Environment Regulation No. 7 of 2014, environmental dispute resolution is required to use expert testimony or witnesses. The involvement of experts in court is not only limited to calculating compensation, but also assists in proving the occurrence of environmental pollution and/or damage and formulating appropriate remedial steps. The role of experts is key in helping judges understand the essence of environmental problems and formulate decisions.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil: 2010611162] [Pembimbing: Wardani Rizkianti] [Ketua Penguji: Dwi Aryanti Ramadhani] [Penguji 1: Taupiqqurrahman] [Penguji 2: Wardani Rizkianti] |
| Uncontrolled Keywords: | Environmental Pollution, Compensation, Class Action, Role of Experts |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | CHERYL MICHAELIA ONGKOWIGUNO |
| Date Deposited: | 30 Jun 2024 11:06 |
| Last Modified: | 26 Aug 2024 06:35 |
| URI: | http://repository.upnvj.ac.id/id/eprint/30252 |
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