Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

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Protection of Environment Rights Through the Rebus Sic Stantibus Principle in Natural Resources Management Contract in Indonesia

Authors
Hengki Firmanda
Corresponding Author
Hengki Firmanda
Available Online 29 May 2020.
DOI
10.2991/assehr.k.200529.296How to use a DOI?
Keywords
environment rights, rebus sic stantibus principle, contract
Abstract

The study aims at analyzing the protection of environmental rights through the rebus sic stantibus principle in the natural resources management contract. The data of this study are qualitative ones using normative legal research and used literature research. The rebus sic stantibus principle an agreement can be changed due to the occurrence of a fundamental change of circumstances. In the event of pollution and damage to environmental resulting from natural resources management contract, then the contract should be changed, provided that such changes should be accompanied by the restoration of the environment so that environmental rights are reserved. The natural resources management contract should provide equal footing between the parties and the environment in the contract, including in the event of a fundamental change of circumstances. The conclusion is that natural resource management contracts should make the rebus sic stantibus principle one of the main principles because this principle can make the position of nature the subject of the contract and the higher protection of nature from over-exploitation and exploration.

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/).

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Volume Title
Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 May 2020
ISBN
978-94-6252-975-5
ISSN
2352-5398
DOI
10.2991/assehr.k.200529.296How to use a DOI?
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

risenwbib
TY  - CONF
AU  - Hengki Firmanda
PY  - 2020
DA  - 2020/05/29
TI  - Protection of Environment Rights Through the Rebus Sic Stantibus Principle in Natural Resources Management Contract in Indonesia
BT  - Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)
PB  - Atlantis Press
SP  - 178
EP  - 181
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200529.296
DO  - 10.2991/assehr.k.200529.296
ID  - Firmanda2020
ER  -