The Recovery of Environmental Functions by PT Kereta Api Indonesia is based on the Decision of The Yogyakarta State Court Number 129PID.B2004PN.YK

  • Eka Liya Setiyaningrum,
  • Al. Sentot Sudarwanto and Emmy Latifah
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  • Eka Liya Setiyaningrum

    Master of Law Student at Faculty of Law, Universitas Sebelas Maret, Surakarta

  • Al. Sentot Sudarwanto

    Lecturer in Faculty of Law at Universitas Sebelas Maret, Surakarta

  • Emmy Latifah

    Lecturer in Faculty of Law at Universitas Sebelas Maret, Surakarta

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Abstract

This study aims to describe the restoration of environmental functions due to criminal acts by corporations as additional criminal sanctions regulated in Law Number 32 of 2009 concerning Environmental Protection and Management (after this referred to as the PPLH Law). In particular, this research thoroughly examines the Yogyakarta District Court Decision Number 129/PID.B/2004/PN.YK related to the crime of environmental pollution by the Yogyakarta Locomotive Depot. This research is normative legal research with a case approach, a statutory approach, and a conceptual approach. Based on the results of the study, it is known that in order to comply with the court's decision, there are efforts made by PT Kereta Api Indonesia (Persero) to "recover the polluted environment so that it can be used as before according to its designation" as ordered by the Criminal Court Decision Number 129/ PID.B/2004/PN.YK, including a. Draining Residents' Wells and Water Sources, b. Construction of Catch Wells by PT Kereta Api Indonesia (Persero), c. Installation of drinking water company facilities for affected residents and reimbursement of usage costs.

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Research Paper

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International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1432 - 1445

DOI: https://doij.org/10.10000/IJLMH.113463

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