ASAS HUKUM KONTRAK SEBAGAI PENCEGAHAN PENCEMARAN DAN PERUSAKAN LINGKUNGAN HIDUP (Studi Terhadap Asas Re Bus Sic Stantibus Dalam Kontrak Karya Pertambangan Di Indonesia)

• Main Authors: , HENGKI FIRMANDA. S. SH, , Prof. Dr. Sudjito, S.H., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• 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
• Institution: Universitas Gadjah Mada

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.