The method of settling environmental conflicts in Indonesia: Alternative dispute resolution

Rapid progress poses significant dangers to environmental contamination and harm, leading to disruptions in the conservation of the local ecosystem. Damage to the environment and pollution represent a collective responsibility shouldered by society, with the government accountable for all expenses r...

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Main Authors: Sari Rafiqa, Darwance Darwance, Anwar Muhammad Syaiful
Format: Article
Language:English
Published: EDP Sciences 2025-01-01
Series:E3S Web of Conferences
Online Access:https://www.e3s-conferences.org/articles/e3sconf/pdf/2025/05/e3sconf_icenis2024_03053.pdf
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author Sari Rafiqa
Darwance Darwance
Anwar Muhammad Syaiful
author_facet Sari Rafiqa
Darwance Darwance
Anwar Muhammad Syaiful
author_sort Sari Rafiqa
collection DOAJ
description Rapid progress poses significant dangers to environmental contamination and harm, leading to disruptions in the conservation of the local ecosystem. Damage to the environment and pollution represent a collective responsibility shouldered by society, with the government accountable for all expenses related to restoring the impacted environment. The issues concerning those responsible for environmental harm can be addressed through judicial means or alternative dispute resolution methods. The questions to consider are: First, how is the resolution of environmental conflicts handled outside of court when viewed from a civil law perspective? Second, what challenges exist in resolving disputes outside of the judiciary in Indonesia? The approach taken for this research is normative in nature. The findings indicate that settling disputes outside of court aims to achieve a compensation agreement that mitigates further negative impacts on the environment. Common challenges encountered in out-of-court dispute resolution include differing viewpoints between the party that has suffered harm and the party responsible, as well as the complexities associated with enforcing administrative law that can lead to the withdrawal of business permits, prompting the need to address cases of environmental damage through legal channels.
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spelling doaj-art-2af5a121f61c4990a1e19e36627e257d2025-02-05T10:49:10ZengEDP SciencesE3S Web of Conferences2267-12422025-01-016050305310.1051/e3sconf/202560503053e3sconf_icenis2024_03053The method of settling environmental conflicts in Indonesia: Alternative dispute resolutionSari Rafiqa0Darwance Darwance1Anwar Muhammad Syaiful2Department of Law, Faculty of Law, University of Bangka BelitungDepartment of Law, Faculty of Law, University of Bangka BelitungDepartment of Law, Faculty of Law, University of Bangka BelitungRapid progress poses significant dangers to environmental contamination and harm, leading to disruptions in the conservation of the local ecosystem. Damage to the environment and pollution represent a collective responsibility shouldered by society, with the government accountable for all expenses related to restoring the impacted environment. The issues concerning those responsible for environmental harm can be addressed through judicial means or alternative dispute resolution methods. The questions to consider are: First, how is the resolution of environmental conflicts handled outside of court when viewed from a civil law perspective? Second, what challenges exist in resolving disputes outside of the judiciary in Indonesia? The approach taken for this research is normative in nature. The findings indicate that settling disputes outside of court aims to achieve a compensation agreement that mitigates further negative impacts on the environment. Common challenges encountered in out-of-court dispute resolution include differing viewpoints between the party that has suffered harm and the party responsible, as well as the complexities associated with enforcing administrative law that can lead to the withdrawal of business permits, prompting the need to address cases of environmental damage through legal channels.https://www.e3s-conferences.org/articles/e3sconf/pdf/2025/05/e3sconf_icenis2024_03053.pdf
spellingShingle Sari Rafiqa
Darwance Darwance
Anwar Muhammad Syaiful
The method of settling environmental conflicts in Indonesia: Alternative dispute resolution
E3S Web of Conferences
title The method of settling environmental conflicts in Indonesia: Alternative dispute resolution
title_full The method of settling environmental conflicts in Indonesia: Alternative dispute resolution
title_fullStr The method of settling environmental conflicts in Indonesia: Alternative dispute resolution
title_full_unstemmed The method of settling environmental conflicts in Indonesia: Alternative dispute resolution
title_short The method of settling environmental conflicts in Indonesia: Alternative dispute resolution
title_sort method of settling environmental conflicts in indonesia alternative dispute resolution
url https://www.e3s-conferences.org/articles/e3sconf/pdf/2025/05/e3sconf_icenis2024_03053.pdf
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