Legal Dynamics in Environmental Accountability: A Case Study of Forest Fire Litigation in Indonesia

Abstract

The forest fire phenomenon is severe and requires appropriate handling. This analysis aims to understand legal developments, strict liability, and compensation in the context of civil environmental law enforcement. This research employs a normative juridical legal approach. Data were obtained from the texts of court decisions, including the Pangkalan Bun District Court Decision, Palangkaraya High Court Decision, Supreme Court Cassation Decision, and Supreme Court Judicial Review Decision. Data are analyzed through selecting relevant decisions, analyzing legal texts, and comparing these decisions. The research results illustrate the progression of the PT. Kumai Sentosa case through a series of judicial decisions. The Pangkalan Bun District Court's decision initially determined strict liability for PT. Kumai Sentosa. However, the Palangkaraya High Court decision annulled the decision because PT. Kumai Sentosa was not responsible for the land fire. The Supreme Court Cassation Decision confirmed this decision. However, in the Judicial Review Decision of the Supreme Court, this case was re-examined and again determined the absolute responsibility of PT. Kumai Sentosa. This Judicial Review Decision confirms that PT. Kumai Sentosa is responsible for the land fire and must pay material compensation. Affirming strict liability in the Supreme Court's Judicial Review Decision has significant implications for enforcing civil environmental law in Indonesia. This case shows the importance of accountability in cases of environmental damage and compensation as an incentive for companies to be more careful in protecting the environment.