Perbandingan class action dengan citizen lawsuit dalam perkara lingkungan hidup (studi kasus putusan nomor 118/pdt.G/lh/2016/pn plk) = Comparison between class action and citizen lawsuit on the environment case (the case study of court decision number 118/pdt.G/lh/2016/pn plk)
Daftar Isi:
- When it comes to running the government, every action must be done in accordance with the existing law to prevent arbitrariness of those in office. Although regulations regarding the government are present, to have their actions be contrary to their authority or legal obligations remains a possibility. As a way to legally challenge the government for their actions exists a law mechanism best known as the Citizen Lawsuit. The Citizen Lawsuit is a suit brought by citizens that represents the general interests of the public. This legal mechanism was adopted from Common Law Countries and has yet been comprehensively regulated by the Indonesia legislation. Nevertheless, many cases related to the Citizen Lawsuit have been received by the court and decided, including in the case of Court Decision of Palangka Raya Number 118/Pdt.G/LH/2016/PN plk. The problem lies in the absence of comprehensive legislation that controls such a mechanism that has led many Citizen Lawsuit to be rejected. Therefore, to ensure legal certainty, it is necessary to make clear laws and regulations governing the Citizen Lawsuit mechanism in Indonesia.