The Government's Lawsuit Rights on the Environment Disputes in Indonesia

9 Pages Posted: 15 Nov 2019

See all articles by Ari Purwadi

Ari Purwadi

Universitas Wijaya Kusuma Surabaya

Cita Yustisia Serfiyani

Universitas Wijaya Kusuma Surabaya

Suhandi Suhandi

Universitas Wijaya Kusuma Surabaya

Date Written: August 29, 2019

Abstract

In the perspective of environmental protection efforts, environmental disputes occur between those who want to use natural resources to meet economic interests and those who have interests or obligations to protect the environment and natural resources. Normatively, environmental dispute resolution based on the provisions of civil law includes adjudication and non-adjudication. In order to resolving environmental disputes through adjudication of government claims. The government’s right to sue is carried out by the Ministry of Environment and Forestry for cases in environmental damage, forest and land fires. The Ministry of Environment and Forestry in the 2015-2017 period won 70% of cases of forest and land fires and won 66.67% of cases of environmental damage. This research use normative method with statute approach, case approach and conceptual approach to researching and find: (1) the essence of natural environment disputes, (2) how the government's legal right to resolve environmental disputes also role of central government and/or regional government.

Keywords: claim rights, government, environmental disputes

Suggested Citation

Purwadi, Ari and Serfiyani, Cita Yustisia and Suhandi, Suhandi, The Government's Lawsuit Rights on the Environment Disputes in Indonesia (August 29, 2019). International Conference on Science, Technology & Environment (ICoSTE) 2019, Available at SSRN: https://ssrn.com/abstract=3487005 or http://dx.doi.org/10.2139/ssrn.3487005

Ari Purwadi

Universitas Wijaya Kusuma Surabaya ( email )

Surabaya
Indonesia

Cita Yustisia Serfiyani (Contact Author)

Universitas Wijaya Kusuma Surabaya ( email )

Indonesia
Surabaya
Indonesia

Suhandi Suhandi

Universitas Wijaya Kusuma Surabaya ( email )

Indonesia
Surabaya
Indonesia

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