Precautionary Principle in the Court Settlement of Civil Environmental Cases

Article type: Research Article

Authors: Aminudin, Cecep^{a; *} | Fakhriah, Efa Laela^b | Nurlinda, Ida^c | Ikhwansyah, Isis^d

Affiliations: [a] PhD student, Faculty of Law, Padjadjaran University, Indonesia | [b] Professor, Faculty of Law, Padjadjaran University, Indonesia | [c] Professor, Faculty of Law, Padjadjaran University, Indonesia | [d] Associate Professor, Faculty of Law, Padjadjaran University, Indonesia

Correspondence: [*] Corresponding author. E-mail: [email protected].

Abstract: In recent years, the precautionary principle has begun to enter legal decision-making in Indonesian civil courts. This introduction is in line with environmental cases that often involve much scientific evidence. This article aims to describe theoretical elaboration and, to a certain extent, legal developments in the application of the precautionary principle in the settlement of civil environmental cases in Indonesia. The precautionary principle provides a framework for environmental decision-making in the event of scientific uncertainty. The theoretical elaboration shows a wide dimension of influence of the precautionary principle on the system of liability and proof. In comparison, the court cases also show the application of the precautionary principle in the liability system and proof despite still in its weak version.

Keywords: Precautionary principle, civil cases, environment, scientific evidence, Indonesia

DOI: 10.3233/EPL-210017

Journal: Environmental Policy and Law, vol. 51, no. 4, pp. 255-263, 2021