Javascript is required
Search

Acadlore takes over the publication of IJEI from 2025 Vol. 8, No. 5. The preceding volumes were published under a CC BY 4.0 license by the previous owner, and displayed here as agreed between Acadlore and the previous owner. ✯ : This issue/volume is not published by Acadlore.

Open Access
Research article

Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia

Edi Purwanto*,
Rachman Sjarief,
Mohamad Zein Saleh
Department of Management & Jaya Launch Pad, Universitas Pembangunan Jaya, South Tangerang 15413, Indonesia
International Journal of Environmental Impacts
|
Volume 7, Issue 1, 2024
|
Pages 25-30
Received: 11-11-2023,
Revised: 12-14-2023,
Accepted: 01-31-2024,
Available online: 03-30-2024
View Full Article|Download PDF

Abstract:

The forest fire phenomenon is severe and requires appropriate handling. This analysis aims to understand legal developments, strict liability, and compensation in the context of civil environmental law enforcement. This research employs a normative juridical legal approach. Data were obtained from the texts of court decisions, including the Pangkalan Bun District Court Decision, Palangkaraya High Court Decision, Supreme Court Cassation Decision, and Supreme Court Judicial Review Decision. Data are analyzed through selecting relevant decisions, analyzing legal texts, and comparing these decisions. The research results illustrate the progression of the PT. Kumai Sentosa case through a series of judicial decisions. The Pangkalan Bun District Court’s decision initially determined strict liability for PT. Kumai Sentosa. However, the Palangkaraya High Court decision annulled the decision because PT. Kumai Sentosa was not responsible for the land fire. The Supreme Court Cassation Decision confirmed this decision. However, in the Judicial Review Decision of the Supreme Court, this case was re-examined and again determined the absolute responsibility of PT. Kumai Sentosa. This Judicial Review Decision confirms that PT. Kumai Sentosa is responsible for the land fire and must pay material compensation. Affirming strict liability in the Supreme Court’s Judicial Review Decision has significant implications for enforcing civil environmental law in Indonesia. This case shows the importance of accountability in cases of environmental damage and compensation as an incentive for companies to be more careful in protecting the environment.

Keywords: Environmental protection, Forest fire, Strict liability, Absolute liability, Judicial decisions


Cite this:
APA Style
IEEE Style
BibTex Style
MLA Style
Chicago Style
GB-T-7714-2015
Purwanto, E., Sjarief, R., & Saleh, M. Z. (2024). Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia. Int. J. Environ. Impacts., 7(1), 25-30. https://doi.org/10.18280/ijei.070103
E. Purwanto, R. Sjarief, and M. Z. Saleh, "Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia," Int. J. Environ. Impacts., vol. 7, no. 1, pp. 25-30, 2024. https://doi.org/10.18280/ijei.070103
@research-article{Purwanto2024LegalDI,
title={Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia},
author={Edi Purwanto and Rachman Sjarief and Mohamad Zein Saleh},
journal={International Journal of Environmental Impacts},
year={2024},
page={25-30},
doi={https://doi.org/10.18280/ijei.070103}
}
Edi Purwanto, et al. "Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia." International Journal of Environmental Impacts, v 7, pp 25-30. doi: https://doi.org/10.18280/ijei.070103
Edi Purwanto, Rachman Sjarief and Mohamad Zein Saleh. "Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia." International Journal of Environmental Impacts, 7, (2024): 25-30. doi: https://doi.org/10.18280/ijei.070103
PURWANTO E, SJARIEF R, SALEH M Z. Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia[J]. International Journal of Environmental Impacts, 2024, 7(1): 25-30. https://doi.org/10.18280/ijei.070103