Some Examples Of Civil Law Cases And Their Analysis

Illustration of karhutla (Photo: lapan.go.id)

JAKARTA - The following are two examples of civil law cases and their analysis that can serve as reminders as well as learning materials so that they do not happen again in the current year and beyond.

The first case occurred between PT Indorayon and the community. The second case relates to a civil suit against forest and land fires (karhutla) against several companies. The two cases have different features so that it is hoped that they will be able to enrich their knowledge of civil law.

Two examples of civil law cases and their analysis 1. The PT Indorayon case with the community

The party behind this case is PT Toba Pulp Lestari (PT. TPL / ex. PT. Inti Indorayon Utama). PT Indorayon started operations in the late 1980s.

In 1999, the company was closed based on a recommendation from the State Minister for the Environment, when it was Sonny Keraf. The reason is that the company has been proven to have polluted and endangered the environment.

In March 2002, PT Indorayon was reopened on the recommendation of the Vice President of the Republic of Indonesia, at that time Megawati Soekarnoputri. PT Indorayon reopened under another name, namely PT Toba Pulp Lestari (PT TPL).

Ten years of operation, the Porsea community has had an unpleasant impact. The company pollutes the environment and creates social problems, for example conflict and intimidation by the authorities against residents who reject PT Indorayon.

Poor environmental quality also makes public health decline. Waste from companies not only pollutes the air, but also decreases people's yields. Many grains of rice are empty or unfilled.

The surrounding community was worried that the incident 10 years earlier had happened again since PT TPL was opened. In addition, local residents admitted that the steam waste from the factory was quite disturbing to the air.

Based on data at Porsea Health Center, the number of people with Upper Respiratory Tract Infection (ISPA) in January 2001 reached 92 people. In January 2002 there were 103 people. This number increased again in January 2003, to 128 people.

Analysis of the case

PT Indorayon is a company that has polluted the environment, causing a bad impact on the surrounding community. Then, an act against the law is an act that violates written principles, which is contrary to the legal obligations of the perpetrator and violates the subjective rights of others.

Acts against the law include several things, namely actions that are contrary to the property rights of others, actions that are contrary to decency, actions that are contrary to one's own legal obligations, and actions that are contrary to prudence or necessity in good community relations.

Acts against the law have 3 categories. First, an act against the law on purpose. Second, acts against the law due to negligence. Third, actions against the law without error (without intent and negligence).

In addition, acts against the law have several elements. These elements are the existence of an act, the act is against the law, the fault of the perpetrator, the loss on the part of the victim, the existence of a causal relationship or mutual cause between the act and the loss.

2. Civil litigation of forest and land fires worth IDR 3.15 trillion

This is the second example. In 2019 the government continues to coordinate with district courts to accelerate efforts to execute cases of forest and land fires (karhutla) which have permanent legal force (inkracht).

Director General of Law Enforcement of the Ministry of Environment and Forestry, Rasio Ridho Sani, said that from the total value of the civil suit in the forest and land fires case of Rp. 3.15 trillion, the amount deposited into state accounts at that time was only Rp. 78 billion.

"The money goes to the state account because it includes non-tax state revenue," said Rasio, Tuesday, October 1, 2019.

The rest, the government at that time was still in the process of law enforcement. One example is the execution at the Nagan Raya Aceh District Court (PN) worth Rp360 billion for a forest and land fire case in the PT Kallista Alam area.

Coordination continued, then entered the appraisal stage of PT Kallista Alam's assets, which at that time would be auctioned off to pay compensation. In addition, the government is also processing letters sent to several PN to immediately summon related parties.

"We have sent seven letters to the court, meaning that seven companies must pay this compensation," said Rasio.

Rasio explained that at that time there were nine companies that were named as suspects in the forest and land fire case by the government through the Ministry of Environment and Forestry which had been signed based on a court decision.

"Of the nine civil suits that have been inkracht, the value of the lawsuit is Rp3.15 trillion."

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