Reinterpreting the Indonesian Environmental Tortlaw in Addressing the Transboundary Haze Pollution

Proceedings of the Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG Pub Date : 1900-01-01 DOI:10.4108/EAI.26-1-2019.2283275

Shidarta Shidarta

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Abstract

Although the ASEAN Agreement on Transboundary Haze Pollution has been ratified by all members of ASEAN countries, in reality this agreement is not able to combat this transnational environmental problem and foster an environmentally suistanable community in Southeast Asia.The applicable agreement cannot be effective because it is not followed by any legal instrument that can deter the perpetrators of environmental crime.Therefore, private law instrument can be used by providing opportunities for community members to sue the haze polluter before a civil court. Unfortunately, Article 1365 of the Indonesian Civil Code (tortious liablity) has not been able to adequately address this need, so a breakthrough is needed.The author suggests using the legal doctrine of 'injuriasine damno'in order to interpret the meaning of Article 1365 more broadly, especially in relation to the element of loss.

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重新解读印尼环境侵权法在解决跨境雾霾污染中的作用

虽然《东盟跨境雾霾污染协定》已经得到了东盟所有成员国的批准，但在现实中，该协定并不能解决这一跨国环境问题，也不能在东南亚建立一个环境可持续的社区。适用的协议不可能有效，因为它没有任何法律文书遵循，可以阻止环境犯罪的肇事者。因此，私法文书可以为社区成员提供向民事法院起诉雾霾污染者的机会。不幸的是，印度尼西亚民法典第1365条(侵权责任)未能充分解决这一需求，因此需要取得突破。为了更广泛地解释第1365条的含义，特别是关于损失要件的含义，作者建议使用“损害赔偿”的法律原则。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Proceedings of the Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG

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