EKSISTENSI POLLUTER PAYS PRINCIPLE DALAM PENGATURAN HUKUM LINGKUNGAN DI INDONESIA
Abstract: Polluter- Pays
Principle (PPP) was initially known as economic instrument to maintain the balance
between natural resources
exploitation and economic
activities. In its further development,
PPP was defined as basic instrument of legal responsibility. In Indonesian
legal perspective, PPP was not arranged adequately, either in its basic level
of law arrangement or in its definition subsisted in court’s verdicts,
including its clear existence in legal system. However, the principle has
become reference in practical level, especially in the settlement of environmental
pollution cases. For Indonesia, the position of this principle was supposed to be
defined in accordance with its purposes of formulation by applying economic
instruments, such as charge for guarantee fund, environmental tax, as well as
charge for environmental service. In legal perspective, the principle was not
relevant to be used as the basis for legal responsibility, including cannot be
understood as an excuse for polluting.
Kata Kunci: prinsip pencemar
membayar, instrumen ekonomi, instrumen hokum
Penulis: Muhamad Muhdar
Kode Jurnal: jphukumdd090065
