Preventive and Represive Efforts for Environmental Damage through Payment of Pollutors

Abstract

Article 87 Paragraph (1) of UUPPLH regulates the principle of polluter payment only covers aspects of environmental recovery and does not accommodate compensation for victims of pollution, even though humans are victims who feel most damage to environment. The formulation of problem of this research is effort to protect environment through principle of polluter payment. This research is a juridical-normative research that uses primary, secondary, and tertiary legal materials that are analyzed using prescriptive methods. Efforts that can be made in occurrence of environmental damage are preventive and repressive efforts. Preventive efforts include recovery and compensation because they must be done together. While repressive efforts are carried out in two ways, namely non-litigation (including arbitration, negotiation, mediation, and conciliation). Whereas only way is litigation which includes settlement in court, both administrative, civil and criminal. The UUPPLH must regulate all of these efforts or at least be clearly linked and make repressive efforts a second attempt if preventive efforts cannot resolve problem (carried out in stages).