Civil law cases examples

The Law

 Civil law cases examples

1). The PT Indorayon case involving the neighborhood

The matter that surfaced in 2019 started with the establishment of PT Indorayon on the advice of the Vice President of the Republic of Indonesia, at the time Mrs. Megawati Soekarnoputri, who held that position. The business, which was shut down in 1999 by Sonny Keraf's State Minister for the Environment because it was seen to be harming the environment, was forced to cease operations.

PT Indorayon changed its name to PT Toba Pulp Lestari in March 2002. (PT TPL). After ten years, PT TPL eventually resumed operations, but the residents of Porsea once more experienced the negative effects. The business has harmed the environment and contributed to other societal issues. As disputes erupted, intimidation by the government became unavoidable.

The loss in health caused by garbage that pollutes the air is another major effect that Porsea residents endure. Because the rice grains grow empty and unfilled, many crop yields decline.

The residents of Porsea were once more troubled by what had happened to them ten years previously. At the time, pollution from steam waste had also caused them tremendous disruption in their daily lives.

The high number of patients with Upper Respiratory Tract Infections (ARI), which reached up to 92 persons in January 2021, is causing a decline in health quality. The number of cases grew once more in February to 103 persons, and it reached 128 people in January 2003.

Analysis of the PT Indorayon case

It has been established that PT Indorayon (PT Toba Pulp Lestari) damaged the environment, having negative effects on the neighborhood residents. Because the business broke established policies that run counter to legal responsibilities and infringe on other people's rights, this is regarded as illegal behavior.

The actions that are against another person's property rights, against decency, against their own legal obligations, and against common sense or the requirements of decent social relations are all considered criminal acts in this context.

Three sorts of legal violations exist, namely:

- intentional unlawful behavior

- negligence-based illegal activity

- illicit behavior that is faultless

- Components of illegal behavior

There is movement

- The behavior is illegal.

- There is a mistake on the part of the offender.

- Loss is experienced by the victim.

- Losses and actions have a causal connection or mutual cause.

2).  3.15 trillion in land and forest fire litigation

In order to expedite the execution of proceedings involving forest and land fires (karhutla) that have legal force in 2019, the government worked with the district court (inkracht).

Ratio Ridho Sani, the Director General of Law Enforcement at the Ministry of Environment and Forestry, claimed that the lawsuits in the case were Rp. 3.15 trillion, however the sum put into state accounts at the time was only Rp. 78 billion.

The collaboration eventually extended through the court stage so that PT Kallista Alam could pay damages. The government also keeps trying to call the parties in question right away by sending letters to multiple District Courts.