Implementasi Gugatan Legal Standing dan Class Action dalam Praktik Peradilan di Indonesia

Penelitian ini ingin menjawab keberadaan pihak-pihak yang dapat mengajukan gugatan ke pengadilan apabila terjadinya kerugian akibat perbuatan melawan hukum dalam lingkungan hidup. Perbuatan melawan hukum yang menimbulkan kerugian akibat pencemaran atau perusakan lingkungan yang dilakukan oleh pengusaha atau penanggungjawab usaha dan/atau perusakan lingkungan hidup. Penyelesaian sengketa lingkungan hidup melalui pengadilan dapat dilakukan melalui gugatan perdata biasa yang diajukan oleh pihak korban atau anggota masyarakat biasa yang mengalami kerugian. Dengan melakukan studi dokumen, ditemukan bahwa dengan berlakunya Undang-Undang Nomor 32 Tahun 2009 telah memberikan kesempatan untuk mengajukan gugatan melalui legal standing/LSM, prosedur class action atau melalui citizen suit yang merupakan hak gugat tanpa adanya kepentingan hukum. Pemerintah atau Pemerintah Daerah sebagai penanggung jawab di bidang lingkungan hidup juga dapat mengajukan gugatan terhadap pelaku pencemaran dan/ atau perusakan lingkungan hidup untuk kepentingan dan kesejahteraan masyarakat. Right to Submit a Law in the Environmental Disputes This study wants to answer the existence of parties who can file a lawsuit to the court if there is an unlawful act that results in a loss to the environment. Unlawful acts that cause losses due to pollution or environmental damage carried out by employers or business people responsible for and/or environmental damage. Settlement of environmental disputes through a court can be carried out through civil lawsuit filed by victims or community who suffer losses. By conducting document studies, it was found that with the enactment of Law No. 32 of 2009, it has provided an opportunity to file a lawsuit through legal standing, class action or through citizen suits which constitute a claim right without any legal interest. The Government or Regional Government as the person in charge of the environmental sector can also file a lawsuit against the perpetrators of environmental pollution and/or damage for the benefit and welfare of the community.

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TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2010.10.2.147 ◽

2010 ◽

Vol 10 (2) ◽

Author(s):

Rahadi Wasi Bintoro

Keyword(s):

Civil Rights ◽

Class Action ◽

Private Law ◽

Government Organization ◽

Legal Standing ◽

Collision Effect ◽

The People ◽

The Difference ◽

Group Member ◽

Class Representative

Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO) or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately.Keyword: suing, private dispute, plaintiff, sued

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Rights education and children’s collective self-advocacy through public interest litigation

Human Rights Education Review ◽

10.7577/hrer.2691 ◽

2018 ◽

Vol 1 (1) ◽

pp. 65-83 ◽

Cited By ~ 1

Author(s):

Sonja Grover

Keyword(s):

Human Rights ◽

Public Interest ◽

The United States ◽

Class Action ◽

Human Rights Education ◽

Educational Tool ◽

Self Advocacy ◽

Public Interest Litigation ◽

Legal Standing ◽

Raising Awareness

If human rights education of schoolchildren addresses advocacy at all, it is mostly or exclusively in terms of civic participation, which perhaps includes civil protest. This approach implicitly discourages young people from considering engaging with the courts as an additional or alternative vehicle in seeking a remedy for violations of their fundamental human rights. Human rights education is incomplete when it fails to address the child’s right to legal standing in the effort to seek justice; for instance, as part of a child collective that is significantly adversely and directly impacted by particular government actions. Exemplars of children acquiring legal standing and pursuing their rights through the courts can serve as a useful educational tool in raising awareness of the potential for child public interest advocacy through the courts. One such exemplar, the youth-led class action environmental protection case Juliana et al. v the United States et al., is discussed.

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SENGKETA LINGKUNGAN DAN PENYELESAIANNYA

Jurnal Dinamika Hukum ◽

10.20884/1.jdh.2010.10.2.149 ◽

2010 ◽

Vol 10 (2) ◽

Author(s):

Handri Wirastuti Sawitri ◽

Rahadi Wasi Bintoro

Keyword(s):

Sustainable Development ◽

Dispute Resolution ◽

Class Action ◽

Environmental Organizations ◽

World Community ◽

Legal Standing ◽

The World ◽

Judicial Procedure ◽

Article Study

Continuation of the environment at the end of this century has more attention, not only in Indonesia but also throughout the world. Sustainability of the environment this time was viewed as an obligation of the world community. This matter then pushing the environment damage becomes a deed of contempt of court, so it can be a reason to submit the suing. This article study about the solving of environment dispute by extrajudicial procedure and solving of environment dispute by judicial procedure. Based on the analysis, the pollution and destruction of the environment resulted in the loss of certain parties, such as community, the environmental organizations and government. This can be resolved through extrajudicial or judicial procedure. Solution of extrajudicial dispute can be done by mediation, and conciliation of arbitration. Solution by litigation can be done by class action, legal standing, suing to PTUN.Keyword: Sustainable development, dispute resolution, arbitration,

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PENGUATAN CLASS ACTIONS DAN LEGAL STANDING DALAM PEMIKIRAN PERBARUAN UUPPLH DENGAN PERSPEKTIF HUKUM PROGRESIF

Madani Legal Review ◽

10.31850/malrev.v2i1.329 ◽

2019 ◽

Vol 2 (1) ◽

pp. 26-39

Author(s):

Nuria Siswi Enggarani

Keyword(s):

Environmental Law ◽

Class Action ◽

Conceptual Approach ◽

Environmental Advocacy ◽

Environmental Organization ◽

Environmental Disputes ◽

Legal Standing ◽

Legal Perspective ◽

Formal Level ◽

Community Autonomy

Increasing cases of pollution and environmental destruction are closely related to environmental law instruments as the pillars of law enforcement in the settlement of environmental disputes. Environmental law instruments are regulated by Law no. 32/2009 on Environmental Protection and Management. The type of this research is normative law research with statute approach and conceptual approach with research object that is Law no. 32 of 2009 on the Protection and Management of the Environment and various practices of class action and legal standing lawsuits. This study aims to examine the form of settlement of environmental disputes through litigation accommodated by the Environmental Law through class action (legal action) and legal standing (lawsuit of Environmental Organization). Even class action movements have been recognized in the juridical formal level, but are still constrained by the understanding of the shallow society in practical terms. Likewise, the legal standing is hampered by its own procedural petition which is considered to be limiting and reducing the space of the Environmental Organization to defend with compensation. This is the importance of the UUPPLH's renewal concept in order to better accommodate the power of community autonomy in environmental advocacy with a progressive legal perspective as a breakthrough. More concretely, the expected long-term goal of creating an upcoming environmental law reform is directed to a number of things, among others, the idea of a certified judge in the field of environment, the formulation of KLH institutional strengthening and greater access placement for communities to strengthen community autonomy towards civil society

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