Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)

The Application of the Precautionary Principle in Industrial Forest Plantation Production Permit (Study of The Supreme Court Decision Number 460K/PDT/2016)

Authors
Graciela Franciska Tanisiwa, Mella Ismelina Farma Rahayu
Corresponding Author
Mella Ismelina Farma Rahayu
Available Online 12 December 2020.
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/).

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Volume Title
Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
12 December 2020
ISBN
10.2991/assehr.k.201209.144
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.144How 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

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  -