PELANGGARAN HAM DALAM KASUS LUAPAN LUMPUR LAPINDO

Sidabukke, Sudiman (2009) PELANGGARAN HAM DALAM KASUS LUAPAN LUMPUR LAPINDO. Jurnal Yustika, 9 (2). pp. 1-27. ISSN 1410-7724

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Abstract

Verdict of Caurt of West Jakarta No.284/Pdt.G/2007/PN.Jak.Sel., dated 27 December 2007, in case between WALHI against PT. Lapindo Brantas Incorporated, CS., in one of the order refused the Plaintiff charges. One of the considerations aken by Board of Judges in the examination over the case of a quo, refusing WALHI’S charges was that the mud eruption was not due to the misconduct of Defendant I (in casu : PT. Lapindo Brantas), but due to natural phenomena, that is the impact of tectonic earth quake occurring in Yogyakarta 2 (two) days before the mud eruption started in Sidoarjo, as explained by expert from Defendant. The Verdict prepared by Court of West Jakarta was considered against the principle of judgment making, therefore considered one-sided (ex parte) by considering written evidence and explanation from Defendant rather than the written documents and explanation of the experts from the Plantiff. Moreover, the Human Human Rights observer stated that Board of Judges in the case of a quo ignored the fact that PT. Lapindo Brantas including the government of the Republic of Indonesia are the subjects of actions against Law and Act No.39 Year 1999 regarding Human Rights.

Item Type: Article
Uncontrolled Keywords: Pelanggaran, Hak Asasi manusia
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Library Staf
Date Deposited: 08 Feb 2012 02:54
Last Modified: 17 Feb 2012 03:48
URI: http://repository.ubaya.ac.id/id/eprint/131

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