The Application of the Precautionary Principle in Industrial Forest Plantation Production Permit (Study of The Supreme Court Decision Number 460K/PDT/2016)
- DOI
- 10.2991/assehr.k.201209.144How to use a DOI?
- Keywords
- Industrial Forest, Production Permit, Precautionary Principle
- Abstract
Industrial Forests must have a utilization permit. Precautionary Principle requires the government in issuing permits to be cautious. In reality, permits issued are not carried out with precautionary principles. This research aims to know how the application of precautionary principle in Industrial forest plantation production permit and how the Decision of the Supreme Court No. 460K / PDT / 2016 in accommodating the principle. The research method is normative legal research with primary legal material which includes laws and secondary legal materials in the form of books. The results showed the government did not apply the precautionary principle, many of the permit issued did not have authority. In the verdict of the Supreme Court number 460K/PDT/2016, the regent who issued permit to PT Merbau Pelalawan Lestari violated the law, the area was given on productive land, and the Regent did not have the authority. The Supreme Court punished PT Merbau Pelalawan Lestari with compensation by paying damages for environmental damage from the business activities and canceled the decision of the High Court and the District Court applying precautionary principles because this principle prioritizes interests in the utilization and management of the environment. The government needs to increase supervision of the IUPHHK-HTI process so the damage can be avoided.
- Copyright
- © 2020, 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/).
Cite this article
TY - CONF AU - Graciela Franciska Tanisiwa AU - Mella Ismelina Farma Rahayu PY - 2020 DA - 2020/12/12 TI - The Application of the Precautionary Principle in Industrial Forest Plantation Production Permit (Study of The Supreme Court Decision Number 460K/PDT/2016) BT - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) PB - Atlantis Press SP - 920 EP - 925 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201209.144 DO - 10.2991/assehr.k.201209.144 ID - Tanisiwa2020 ER -