Sistem Pembuktian Perkara Pelanggaran Hukum Lingkungan Keperdataan

Abstract

In enforcing civil environmental law, mediation can be done, but if mediation cannot be achieved then the last resort to obtain justice must be through the courts. The aim to be achieved in this research is to find out the evidentiary system that applies in resolving cases of civil environmental law violations. This research uses several methods: (1) The contextual approach is an approach that departs from doctrinal views and those developed in legal science; (2) The statutory approach is an approach taken by examining all laws and regulations related to the legal issue being studied; and (3) A historical approach is an approach taken by examining the background of studies and regulatory developments regarding the issues being faced. The results and conclusions obtained from this research are protection that provides regulations that every person has the right to a good and healthy living environment as part of human rights. Everyone has the right to environmental education, access to information, access to participation and access to justice in fulfilling the right to a good and healthy environment. Everyone has the right to make a complaint due to alleged pollution and/or destruction of life's relationships. The scope of environmental protection and management includes environmental planning; environmental utilization; environmental control; environmental maintenance; environmental monitoring; and enforcement of environmental laws