Principle of Good Faith in Environment Pollution Case Study of Indonesia Supreme Court Decision No.2281 K/Pid.Sus/2015Journal: International Journal of Science and Research (IJSR) (Vol.11, No. 2)
Publication Date: 2022-02-05
Authors : Johanes April Candra;
Page : 157-160
Keywords : Pollution; compliance; good faith;
This research aims to find out the concept of good faith in alleged environmental pollution listed in The Indonesian Supreme Court decision no.2281 K / Pid.Sus / 2015. The study uses a juridical-normative approach. The source of legal materials used in this study uses 3 legal materials, namely Primary, Secondary and Tertiary legal materials. The technique of collecting legal materials is by using literature studies by using analysis of legal materials in the form of content analysis in qualitative descriptive. Research shows that the good faith that has been shown by the Defendant, to try to comply with all existing provisions and applicable in the alleged environmental pollution in the case of Supreme Court Decision No.2281 K/Pid. Sus/2015 is the basis for consideration from the Panel of Judges at both the First and Cassation levels to acquit them of charges. The absence of regulations does not make the Defendant then commit reckless actions that result in environmental pollution in the place where Defendant conduct their business activities. From this, it can be seen if the Panel of Judges has used the principle of justice appropriately.
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