Pertanggungjawaban Perdata Perseroan Terbatas Terhadap Pencemaran Lingkungan Hidup

Abstract

Environmental pollution that has occurred in Oping hamlet, Sawai Village, North Seram District, Central Maluku Regency has been carried out by Wahana Lestari Investama, Ltd. which has dumped waste into the river, which is basically a river used by local people for their daily needs. The actions taken by the business actor Wahana Lestari Investama, Ltd have fulfilled the elements of an unlawful act and the local community has suffered losses due to environmental pollution. Article 1365 of the Civil Code regulates unlawful acts committed by individuals, corporations or legal entities. Article 1365 of the Civil Code states: "Every act that violates the law and causes loss to another person, requires the person who caused the loss through his fault to compensate for the loss."Unlawful acts in Law no.  32 of 2009 concerning Environmental Protection and Management, is regulated in Article 87 paragraph (1). The results obtained in writing this thesis are; Efforts to Settle Environmental Pollution Disputes carried out by Wahana Lestari Investama, Ltd. towards the Sawai Community must be in accordance with Law Number 32 of 2009 concerning Environmental Protection and Management, namely resolving disputes outside the court (non-litigation) and resolving disputes through the courts (litigation). Law on Environmental Protection and Management provides two forms of claims that can be submitted by plaintiffs, namely asking for compensation and asking the defendant to take certain actions. In order for the defendant to be sentenced to the punishment demanded by the plaintiff, it must first be determined that the defendant is responsible for the losses incurred.