Recovery of Environmental Function with Legal and Economic Approaches Through A Court Decision

  • Makmur Pakpahan, Jamal Wiwoho, I Gusti Ketut Rachmi Handayani

Abstract

Decision Number 456/Pdt.G-LH/2016/PN.Jkt-Sel juncto Number 492/PDT/2017/PT.DKI juncto Number 1561 K/PDT/2018 juncto Number 805 PK/PDT/2019 proves that the handling of environmental cases by judges becomes a new attitude and paradigm considering intergenerational survival and environmental integrity. These considerations are enacted in the ratio decidendi of judicial decisions and the inclusion can be done with a legal and economic approach to justice. Strict liability and pollute pay principles are interpreted teleologically by the judge by considering the nature and purpose of the environment. The legal and economic approach can consider the concepts of rational choice, value, efficiency, and utility.

Published
2020-05-16