RECONSTRUCTION OF ENVIRONMENTAL DISPUTES SETTLEMENT BY LITIGATION BASED ON JUSTICE VALUE

In Indonesia the settlement of environmental disputes by means of mediation, is an appropriate step and can fulfill the principle of justice by both disputing parties, and this is also not enough there also how when agreements that have permanent legal force are still being denied by employers or parties those who damage the environment. This needs the consistency of the government as law enforcement officers so that victims affected by environmental damage get legal guarantees and legal certainty to be able to live and live well and healthy. Therefore, in this study the authors formulated the problem studied to what are the weaknesses in resolving environmental disputes by current litigation and how the reconstruction of environmental dispute settlement by means of litigation based on fair values. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach.Research shows that the weaknesses are caused by the nature of litigation itself which is a lawsuit over a conflict that is actualized to replace the actual conflict, where the parties face each other and provide different arguments to make a decision of two conflicting interests. This litigation is formal in nature and subject to procedural law, then the judge gives a decision that cannot be intervened by the two disputing parties, the process is long and protracted to get a decision, so it takes a long time, is expensive and will cause tensions and tensions hostility can occur. The main function of the law is ultimately to uphold justice and the law not only in the form of laws but also customary laws of local communities which are not written so in carrying out their duties as law enforcement, the police, prosecutors, and courts not only enforce the sound of the text contained in the book the law, but must pay attention to the habits and customs of the local community. Therefore a legal reconstruction is needed in Article 64 of Law No. 32 of 2009, in the form of physical and social recovery which is the authority of the Government and Regional Government.