ASAS HUKUM KONTRAK SEBAGAI PENCEGAHAN PENCEMARAN DAN PERUSAKAN LINGKUNGAN HIDUP (Studi Terhadap Asas Re Bus Sic Stantibus Dalam Kontrak Karya Pertambangan Di Indonesia)
In this time, pollution and damage of the environmental has reached the threshold limit. It was done almost all the components of the governments, company and society. One of them is a company that does work contract of mining with the government. That true in work contract application about prevent...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2012
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/97503/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=54203 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | In this time, pollution and damage of the environmental has reached the
threshold limit. It was done almost all the components of the governments,
company and society. One of them is a company that does work contract of
mining with the government. That true in work contract application about
preventive and repressive effort on pollution and damage of the environmental
done. However, those efforts often non-recognition by the company, so that
generating the impact of pollution and damage of the environmental is more
extensive. Negative effects are to give loss of the public in general and
government in particular. When strength contract to the prevention of
environmental pollution and damage weakens, then need something more
powerful than the contract itself. As a form of prevention of environmental
pollution and damage to the power of the contract becoming weak, need to be
struck with the principle contained in the contract that is re bus sic stantibus
principle.
As for who becomes the central issue in this study was to determine the
disharmony between the re bus sic stantibus principle with the basic principles of
mining contracts in Indonesia and how the use of re bus sic stantibus principle as
a means for the prevention of environmental pollution and damage. And how the
use of re bus sic stantibus principle to resolve work contract of mining that has
been running and problematic. This type of research that the author uses is
normative legal research and empirical law research, drawn from secondary data
and using library research tools. A data analysis technique that author use is a
qualitative analysis.
The results from this research is to mention that there is disharmony
between the re bus sic stantibus principle with the basic principles of mining
contracts in Indonesia, namely the principle of pacta sunt servanda. The uses of
re bus sic stantibus principle in work contract of mining in Indonesia can
prevention of environmental pollution and damage. The use of re bus sic stantibus
principle to resolve work contract of mining that has been run is to make changes
to the contract through renegotiation. The use of re bus sic stantibus principle to
address the troubled contract is a contract is declared invalid. |
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