State Responsibility for Environmental Damage Due to Forest Area Release for the Development of National Strategic Projects

DOI

10.2991/978-2-38476-362-7_32How to use a DOI?

Keywords

Forest Area Release; National Strategic Project; State Responsibility

Abstract

The implementation of the idea of “Nawacita” which departs from the weak national economic cycle, the government has good intentions by accelerating the development of strategic projects through the enactment of laws and regulations related to the ease of implementation, one of which is in the release of forest areas, namely, the Job Creation Law and Government Regulations related to the ease of national strategic projects and the implementation of forestry. In its implementation, developing national strategic projects by releasing forest areas has negatively impacted the environment and local communities. This research aims to find out the mechanism for releasing forest areas for the development of national strategic projects in the legislation and how the state should be responsible for environmental damage caused by the release of forest areas based on applicable laws and regulations. The research method used in this research is normative juridical with statute approach and case approach. The results found that the mechanism for releasing forest areas for the development of national strategic projects is regulated in Permen LHK No. 7 of 2021 with the mechanism for releasing permanent production forest areas and convertible production forests. Then the state’s responsibility is carried out based on the principle of strict liability by compensating the losses suffered by the community and restoring environmental functions by stopping the release of forest areas, conducting land remediation, forest rehabilitation and restoration of damaged ecosystems.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Selvy Nia Subekti
AU  - Cholidah Cholidah
PY  - 2025
DA  - 2025/02/28
TI  - State Responsibility for Environmental Damage Due to Forest Area Release for the Development of National Strategic Projects
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 224
EP  - 231
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_32
DO  - 10.2991/978-2-38476-362-7_32
ID  - Subekti2025
ER  -