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Application of the Principle of in Dubio Pro Natura by Judges in Realizing Sustainable Environmental Development (Study of Supreme Court Decision No. 651 K/Pdt/2015)

In: Proceedings of the 2022 Brawijaya International Conference (BIC 2022)

Author

Listed:
  • Eka N. A. M. Sihombing

    (Lentera Konstitusi dan Keadilan (Constitution and Justice Lantern Foundation))

  • Dani Sintara

    (Lentera Konstitusi dan Keadilan (Constitution and Justice Lantern Foundation))

  • Muhammad Taufik Nasution

    (Lentera Konstitusi dan Keadilan (Constitution and Justice Lantern Foundation))

  • Cynthia Hadita

    (Lentera Konstitusi dan Keadilan (Constitution and Justice Lantern Foundation))

Abstract

Environmental exploration is not allowed to be carried out in the Leuser Ecosystem Area which is included in the 25 ecosystem areas of the world but it is carried out by PT. KA as a corporation holding a business license. Sustainable environmental problems can essentially be overcome by judges’ decisions that are philosophical and have legal findings (rechtvinding), one of which is the application of the principle in dubio pro natura in Supreme Court Decision No. 651 K/Pdt/2015 which needs to be analyzed. The research method used is normative juridical with a doctrinal approach. The results showed that the application of the concept of deep ecology with progressive judges applying the principle of in dubio pro natura in the Supreme Court Decision Number 651 K/Pdt/2015 as a form of ensuring environmental sustainability, one of which is not allowed to explore the environment in the Leuser Ecosystem Area (KEL) in Aceh so that business licenses those owned by corporations should be set aside and charged with responsibility for environmental restoration.

Suggested Citation

  • Eka N. A. M. Sihombing & Dani Sintara & Muhammad Taufik Nasution & Cynthia Hadita, 2023. "Application of the Principle of in Dubio Pro Natura by Judges in Realizing Sustainable Environmental Development (Study of Supreme Court Decision No. 651 K/Pdt/2015)," Advances in Economics, Business and Management Research, in: Yusfan Adeputera Yusran & Femiana Gapsari Madhi Fitri & Titin Andri Wihastuti & Fajar Ari Nugroho & (ed.), Proceedings of the 2022 Brawijaya International Conference (BIC 2022), pages 291-300, Springer.
    • Handle: RePEc:spr:advbcp:978-94-6463-140-1_28
    DOI: 10.2991/978-94-6463-140-1_28
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