Legal Consequences Due to Environmental Damage: A Study on Material Excavation and Processing Done by PT Tukad Mas in Bima City

DOI

10.2991/assehr.k.210525.126How to use a DOI?

Keywords

Legal Consequences, Environmental damage

Abstract

Any person or company that excavates and processes materials that cause pollution or environmental damage can result in legal issues and one of the companies in this case is PT Tukad Mas in Bima in which its material excavation and processing have a negative effect on environmental damage in East Rasa Nae in Bima. The purpose of this study was to determine the form of legal liability for environmental damage due to excavation and processing of materials by PT Tukad Mas. This study used empirical legal research method with conceptual and sociological approaches, while data collection was done through interviews and documentation. The findings of this study indicated that legally criminal liability can be imposed if an environmental crime is committed by, for, or on behalf of a business entity, criminal charges and criminal sanctions are imposed on the business entity; and/or on the person giving the order to commit the criminal act or the person acting as the leader in the criminal act. In civil terms, companies can be subject to fines but it can be applied if they cannot carry out government coercion. Meanwhile, administrative sanctions consist of written warnings, government coercion, and terminating or revoking environmental permits. However, field findings show that until now Bima City Government has only given a written warning to PT Tukad Mas for the waste disposal which has resulted in pollution and natural damage and this is due to the excavation carried out.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - H Hajairin
AU  - S Syamsuddin
AU  - Gufran Sanusi
AU  - I Ilyas
PY  - 2021
DA  - 2021/05/26
TI  - Legal Consequences Due to Environmental Damage: A Study on Material Excavation and Processing Done by PT Tukad Mas in Bima City
BT  - Proceedings of the 2nd Annual Conference on Education and Social Science (ACCESS 2020)
PB  - Atlantis Press
SP  - 452
EP  - 455
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210525.126
DO  - 10.2991/assehr.k.210525.126
ID  - Hajairin2021
ER  -