PEMENUHAN HAK KORBAN PENCEMARAN LINGKUNGAN BERDASARKAN ASAS POLLUTER PAYS DALAM SISTEM HUKUM PIDANA LINGKUNGAN

Novita, Ririn (2026) PEMENUHAN HAK KORBAN PENCEMARAN LINGKUNGAN BERDASARKAN ASAS POLLUTER PAYS DALAM SISTEM HUKUM PIDANA LINGKUNGAN. Undergraduate thesis, UPN "Veteran" Jawa Timur.

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Abstract

Various cases of environmental damage in Indonesia reveal a stark imbalance between the position of polluters and that of victims, a condition that indicates the weak implementation of the polluter pays principle as a foundation for corporate accountability. This principle is meant to ensure that the party responsible for pollution bears the full burden of remediation and compensation for victims' losses. In practice, however, the burden of proof and prolonged suffering are often borne instead by the affected communities. This phenomenon is clearly illustrated in the case of hazardous and toxic waste (B3) pollution by PT. Putra Restu Ibu Abadi (PT. PRIA). For more than a decade (2010–2019), the corporation systematically dumped and sold fly ash and bottom ash to local residents, resulting in heavy metal contamination of soil, water, and food sources that exceeded the safety thresholds established under prevailing regulations. Based on this problem, the present study examines the fulfillment of pollution victims' rights based on the polluter pays principle within Indonesia's environmental criminal law system. The findings indicate three main conclusions. First, the fulfillment of victims' rights has failed due to corporate non-compliance, the facultative nature of victim protection instruments under the Environmental Protection and Management Law (UUPPLH), and the state's negligence in fulfilling its role as guarantor of citizens' constitutional rights under Article 28H paragraph (1) of the 1945 Constitution. Second, the elements of the criminal offenses under Article 98 in conjunction with Article 116 of the UUPPLH were factually fulfilled by PT. PRIA, yet none of the criminal instruments were ever operationalized, thereby confirming a structural gap between legal norms and their enforcement. Third, legal reconstruction is required, encompassing the amendment of Article 119 of the UUPPLH from facultative to mandatory (mandatory remediation), the activation of strict liability under Article 88 of the UUPPLH as a mechanism for reversing the burden of proof, the implementation of remediation bonds as a licensing prerequisite, and the strengthening of environmental law enforcement capacity. Keywords: Polluter Pays Principle, Victims' Rights, Environmental Pollution, Corporate Criminal Liability, Environmental Criminal Law, Lakardowo.

Item Type:

Thesis (Undergraduate)

Contributors: