By Timur Abimanyu, SH.

MH

PERSPECTIVE EFFECTS OF POLLUTION AS MUD LAPINDO SIDOARJO

EVIDENCE ON THE ENVIRONMENT AND POLLUTION
ANALYSIS OF VARIOUS PROBLEMS

A. BACKGROUND
There has been an overflow event Mud Lapindo Sidoarjo, Surabaya, East Java on 28th
May 2006, around 22:00, because of leakage of hydrogen sulphide gas (H2S) in the area of gas
exploration fields TMMJ Rig # 01, at the location of the Panji company PT. Lapindo Brantas
(Lapindo) Ronokenongo Village, Porong district, Sidoarjo regency. Where the gas leak is in the
form of white smoke burst from the ground fractures, soaring about 10 meters. Shot of the gas
discharge accompanied by mud and overflowing kelahan citizens. Hot mudflow in Sidoarjo
district has yet to also be resolved. Shot of which eventually form pools of hot mud has
devastated the livelihoods of local residents and surrounding areas. Compass edition of Monday
(6/19/2006), reported that no less than 10 mills have closed, with 90 hectares of paddy fields
and human settlements can not be used and occupied again, so did the milkfish ponds, not to
mention the Surabaya-Gempol toll road that should be closed because all the hot mud flooded.
Based on data obtained WALHI East Java, which recorded the number of refugees in New
Porong Market location number 1110 Head of the Family with details of 4345 people and 433
Toddlers, Location Kedung Bendo number of displaced as many as 241 head of Family Life in
1111 and 103 Toddlers, Village Hall Location Ronokenongo some 177 head of the family with
details of 660 inhabitants.
In case of overflow Mud Lapindo, has occurred also aspects of human rights
violations (Human Rights), where PT Lapindo Brantas Inc.. have been detrimental to society in
various ways, for example, economic, social, and cultural, can not be imagined, the presence of
thousands of workers lost their livelihoods, community work productivity declined, thousands
(even millions in the future) kids out of school is threatened, and the economy of East Java
hiccup. Until the reform era in 2009 on law enforcement over the Lapindo mudflow case never
can be resolved peacefully. Ethics policy minus more advanced than the aspects of community
justice. Of the various aspects that should be the sole responsibility of PT Lapindo Brantas
Inc. / PT Energi Mega Persada, which includes aspects of human rights violations (Human
Rights), law, politics, civil and criminal. The slow settlement of Lapindo mudflow case,
WALHI seek the ways adopted by the people through Parliament (Public Inquiry), to ask for
accountability of PT Lapindo Brantas Inc. from the case. In relation to the case, the Attorney
General may be appointed to represent the victims of Lapindo Mud conduct demanded of PT
Lapindo Brantas Inc., which is associated with environmental crimes and violations of multi-
dimensional due to the hot mud. Through Public Inquiry (notice to the public) of the parties has
the political responsibility and the law to give compensation to the Lapindo Mud case. Based
on these phenomena is the author trying to pour the mind, and also provide the basic foundation
of how to think with applicable law, for the seekers of justice so that no one stepped in
justifying attitude in asserting their rights are based on a sense of justice.

B. PURPOSE OF OBJECTIVE
Analyzing on the case of gas leakage along the hot mud flood is aimed to know in
depth with the intention of anyone in charge of the case in relation to the agency who had
coordinated in terms of licensing, and there is an express statement in the examination
conducted by the East Java Regional Police investigators on expert witnesses from BMG,
claiming that there was an omission that is intentional Lapindo, as a result of a large impact on
the environment and substantial losses to society which is the ecological disaster in Sidoarjo,
Surabaya, East Java.

C. THEORY AND CONCEPTUAL FRAMEWORK

Framework Theory and Concept, based on the definition HLAHART Stating: That
"the concept of a law that contain elements of power that centered on specific in legal
symptoms appear from public life." And on "Corporate Crime", Sally S. Simpson stated
"corporate crime is a type of white-collar crime". Meanwhile, Simpson, citing John
Braithwaite, defines corporate crime as "conduct of a corporation, or employees acting on
behalf of a corporation, the which is proscribed and punishable by law".
Achmad Santosa: (Good Governance, Environmental Law: 2001) said, "corporate crime as
provided for in articles 45 and 46 of Law No.23/1997 is the formulation of corporate crime as
stipulated in the Dutch Criminal Code. So the corporation as a legal persoon, can be convicted
based on Law No.23/1997. "

D. LEGAL BASIS
The basic framework of the Act of 1945 Article 33 paragraph (3) that the Earth, water
and natural riches contained therein, that his command was assigned to the Republic of
Indonesia, should be used for the greatest prosperity of the people, MPR IX/MPR/2001 116D
and Description 116 E, and Government Regulation No.51 of 1993 on environmental impact
analysis, PP. 51 of 1993 Ministerial Decree No. LH. 10 Th 1994 on environmental impact
analysis (LH Ministerial Decree No. 11 Th, 1994, Ministerial Decree No. LH. 12 Th, 1994,
Ministerial Decree No. LH. 13 Th, 1994, Ministerial Decree No. LH. 14 Th, 1994, Ministerial
Decree No. LH. 15 Th 1994); Ministerial Decree No. LH. 42 Th, 1994, KEPKA BAPEDAL
No. 056 of 1994, Ministerial Decree No. LH. 54 Th, 1995, Ministerial Decree No. LH. 55 Th,
1995, Ministerial Decree No. LH. 57 Th, 1995, Ministerial Decree No. LH. 39 Th 1996 and
KEPKA BAPEDAL No. Technical Guidelines Review 299/BAPEDAL/11/1996 Social Aspects
in the Preparation of Environmental Impact Assessment. B3 Waste (hazardous and toxic
substances): PP. 19 Th, 1995, PP 12 Th 1994 on changes in PP. 19 Th 1994; WATER
POLLUTION: PP RI. No. 20 Th, 1990, decree LH. No. 52/MENLH/101/1995 about Liquid
Waste Quality Standard, LH decree. No. 58/MENLH/12/1995, Kepmen LH. No.
42/MENLH/101/1996 Kepmen LH. No. 43/MENLH/101/1996, and AIR POLLUTION:
Kepmen LH. No. 35/MENLH/101/1993, Kepmen LH. No. Kep-13/MENLH/3/1995, Kepmen
LH. No. 50/MENLH/11/1996.
In Chapter IX, Act. 23, 1997 on Environmental Management, and has set criminal penalties
(imprisonment and fines) to legal entities which perform pollution. Furthermore, in article 46 of
Law No.23/1997 stated if a legal entity convicted of a crime, then the sanctions are imposed in
addition to legal entity, nor against those who give orders or who become leaders in these
actions. And Presidential Instruction No. 1 / 1976 on the synchronization of tasks keagrariaan
field with the field of forestry, mining, resettlement and public works, Law No. 11/1967.
Location of BJP-1 well drilling, and Perda No.16 Sidoarjo regency in 2003.

E. RESEARCH METHOD
In writing this paper, the authors use only primary data consisted of field studies of
materials due to the impact of pollution due to overflow of hot mud along with poison gas, as
well as knowledge of the primary law is the law of products related laws governing the impact
environmental pollution, which consists of the Basic Policy and Enforcement Policy of
government policy in the run rule, and a piece reviews materials from the Web Site and other
print media relating to the title of the paper mentioned above.

F. PROBLEM FORMULATION
There are several problems that are often overlooked, in the application of laws to the
impact of pollution that Lapindo mudflow in practice has not fulfilled a sense of justice:
1. Is that based on statutory provisions, against a legal person / company already considers
Vendor is unable to pay / insolvent can be released from the obligation to pay from those
who harmed them?
2. If so to what extent the responsibility of government to seek solutions to problems of
Lapindo mudflow victims, if you see the relevance of the Government Agency which has
given permission to the company that drilled the gas?
3. Why the claim of Lapindo mudflow victims not through the Class Action lawsuit in this case
represented by a foundation in the form of legal entity / Indonesian Consumer Protection
Agency or the like? considering the Class Action lawsuit must be represented by A in the
form of legal entity?

G. ASSUMPTIONS
Temporary assumption of the writing of this paper is as follows:
1. If overflow Lumpur Lapindo in Definition as natural disasters, then the damage was not
based on the existence of an activity around the site / object disasters, it is not caused by a
disaster that occurred because of natural processes, but the overflow Lumpur Lapindo along
with toxic gases is caused by lack of attention from the human heart, due to drilling
activities, which should be the process of drilling in the workmanship shall be in accordance
of what is contained within the proposed drilling activities through a detailed study and
detailed as-details.
2. Drilling activities are conducted by a body of law which received permission from
government agencies, and if the company can not pay/ bankruptcy through judicial
procedures that states the company is declared bankrupt by a determination, then in this case
the relevant Government should give permission (based on Proposal), must find a solution or
way out for the life of people affected by the Lapindo mudflow disaster. Governments
concerned, based on the basic policies and policy enforcement from Lumpur Lapindo case
of overflow, and based on the basic policy and policy implementation has not been
considered to carry out the mandate of the Act of 1945 and Law on Human Rights
(International convention), which has put aside its own product namely the Law on the
Environment (EIA) and other rules related to the disaster.

DEFINITIONS AND SCOPE OF THE ENVIRONMENT

Seeing the environmental phenomena that occur in Indonesia is as gifts and the grace
of God Almighty to the people and the Indonesian nation, which is a space for life in all its
aspects and the environment in harmony with the Archipelago, in order to efficiently utilize
natural resources and to promote the general welfare as mandated by the Act of 1945, to
achieve happiness of life based on Pancasila which need to be implemented in a sustainable
development environment based on an integrated and comprehensive national policy taking
into account the needs of today's generation and future generations. On the basis that this is, is
necessary to implement environmental management to preserve and develop the capacity of the
environment are harmonious and balanced in order to support the implementation of sustainable
development environment, where the implementation of environmental management should be
based on legal norms taking into account the level of community awareness and development
global environment and international legal instruments relating to the environment as stipulated
in Law no. 4 / 1982 on Basic Provisions for Environmental Management (State Gazette of 1982
No. 12, Supplement No. 3215) to achieve sustainable development goals Cq Law. 23 of 1997
on the Environment.

A. Understanding the Environment

Definition of Environment according to Law No. 23 of 1997 is a unit of space with all
the objects, resources, circumstances and living creatures, including humans and behavior that
affect the sustainability of livelihood and welfare of human beings and other living creatures,
along with environmental management as an integrated effort to preserve the environmental
functions, including policy arrangement , utilization, development, maintenance, restoration,
monitoring and controlling the environment. Need to do sustainable development environment
as the basis and planned effort, which integrates the environment including the resources into
the development process to ensure capability, prosperity and quality of life of the present
generation and future generations. Therefore, should the availability of global resources that are
as environmental elements that consist of human resources, natural resources both living and
non-biological and artificial resources.
And to take precautions against such contamination must see to it the environmental
quality standard, which is a measure of the limits or levels of living creatures, substances,
energy or components that exist or should exist / or elements of pollution which grace its
presence in a particular resource as environmental elements. Where environmental pollution is
the introduction of living creatures, substances or energy into another komponnen environment
by human activities resulting in the quality drops to a certain level which causes the
environment can not function in accordance with the allocation.

B. Background Before the occurrence of Case Lumpur Lapindo Sidoarjo

Prior to the Lapindo mudflow in Sidoarjo Surabaya, Sidoarjo ecosystems and
infrastructure are very good, where economic activities run smoothly. The environment
surrounding the community sidoarjo arranged in accordance with the provisions of Law No. 23
of 1997 on the Environment. Economic welfare is very good although very slow, but towards
food self-sufficiency, especially in the field of agribusiness in the area around Sidoarjo
Surabaya walk lancer in accordance with mandated by the 1945 Constitution.

C. Scope of the Environment in Sidoarjo

1. Instrumental approach.
Based on the principles, objectives and targets, where environmental management
organized by the principle of State responsibility, the principle of sustainability, and aims
to realize the principle benefits of sustainable development environment in order to
complete development of the Indonesian and Indonesian community development all the
faithful and devoted to God Almighty. Where everyone has the equal right to good
environment and healthy and have the right to environmental information relating to the
role in environmental management with the obligation to maintain the preservation of
environmental functions as well as prevent and control pollution and environmental
destruction in accordance with laws and regulations.
On the basis of the need to conduct surveillance conducted surveillance against any
business or activity by appointing officials who are authorized to conduct surveillance on
the environment, in this case is the Central Government, Local Government and Regional
Head, which was formed specifically by the Central Government. Local Government
(Governor) is authorized to conduct coercive orders against the person in charge of
activities to prevent and end the violation, as well as overcome consequences caused by a
violation, to conduct rescue and authority can be submitted to the Regent / Mayor, where
such violation can be sanctioned form of revocation of business licenses or activities.
Meanwhile, to improve the performance of the business or activity in this case the
Central Government encourages responsible for the business or activity to conduct an
environmental audit (in this case the authority Meteri Environment). And to finish on the
Environment can be reached through the courts or outside the court based on voluntary
choice of the parties to the dispute, while the settlement of disputes outside the court does
not apply to environmental offenses.
2. Natural Law approach.
 In the natural law approach can not be separated from the Forestry Law which regulates
the rights of control over forests and forest products, which according to Law no. 5 /
1967 on Basic Provisions on Forestry (LN.8/1967, TLN. 2832), Forest is a field of trees
that grow as a whole is a living natural living communion with the natural environment
by the Government designated as a forest, industry, wood firewood, bamboo, rattan, the
grass and the animals such as wildlife hunting, wildlife beautiful.
Under Customary Law as the basis for the development of law, in holding the unification
of law is not choosing the Customary Law as the main basis of development the new
Land Law, which is consciously held entity which includes the institutions and elements,
both contained in the Customary Law and the Law New / Legislation in force. In general,
people see and interpret the Customary Law is only as positive law as law which is a
series of legal norms, which become the handle together in public life. This is quite
different from the norms of written law, which expressly stated deliberately by the
Legislative Authority in the form of legislation, norms of customary law as an unwritten
law are formulations of experts (legal) and judges. Formulations are based on the reality
series on attitudes and behavior of members of indigenous peoples in implementing the
concept and principles of law, which is a manifestation of the legal consciousness of
citizens these customary laws in resolving concrete cases/impact of environmental
pollution facing area of the environment.
The basics of the explanation, very closely related to the Lapindo mudflow case is
accompanied with a blast of poison gas in Sidoarjo Surabaya, East Java, in terms of the
impact of environmental pollution that has destroyed ecosystems and infrastructure as
well as harmful to society, enterprises and small large, which caused the overflow of
activity around Mud Lapindo Sidoarjo become totally paralyzed.

D. Environmental Law Review Prior to Occurrence of overflow Lapindo

Sidoarjo
Aspects of human rights violations (Human Rights), which according to WALHI,
that PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for
example, economic, social, and cultural and can not be imagined, where thousands of
workers lost their livelihoods, community work productivity declined, thousands (even
millions in the future) kids out of school is threatened, and the economy of East Java
hiccup. Until the present moment, on law enforcement on the case of overflow Mud
Lapindo never clear, minus the presence of political policies more advanced than the ethical
aspects of public justice. Based on the observations of WALHI, from various aspects that
should be the responsibility of PT Lapindo Brantas Inc./ PT Energi Mega Persada, covering
aspects of human rights violations (Human Rights), law, politics, civil and criminal., Very
slow settlement of Lapindo mudflow case, where WALHI will seek an act of public inquiry,
which is an effort that will be pursued by the public through the House of Representatives,
to ask for accountability of PT Lapindo Brantas Inc..
In connection with the issue, the Attorney General may be appointed as the state
attorney to prosecute PT Lapindo Brantas Inc.. related to environmental crimes and
violations of multi-dimensional effect of hot mud, which caused leakage of poisonous gas.
There are several opinions about the cause of leaking gas is accompanied by eruptions of
mud Lapindo: 1.Kasus melubernya leakage of gas and mud is not caused by the earthquake
region of Jogjakarta, 2. Case of Lapindo, which is deliberate and make a big impact on the
environment and society, which is the biggest ecological disaster in East Java, Lapindo gas
3.Semburan caused the outbreak of formations drilling, while drilling will be appointed to
replace a series of drill suddenly jammed, so that gas can not fire pit out through the
channel in a series of drill pipe and push it aside. Gas find a gap to get out,
4.Menyemburnya sludge hydrocarbons in oil wells which is a natural disaster, but because
of lack of luck / negligence or because of lack of care and attention, 5.Bahwa hydrogen
sulfide (H2S), which is 20 ppm ceiling imposed only company can be applied for workers,
while not for people who inhale the gas, which is considered very dangerous for the human
respiratory tract, 6. Lapindo mudflow is likely due to procedural errors which resulted in a
blow out, 7. To earthquake in Yogyakarta Opak fault occurs because the shift is not related
to the situation in Singapore, if it is true (Blow Out Prevenery / BOP) has been broken
before the mud flow, if that were true then there has been a technical error in drilling which
also means there has been errors on standard operating procedures, and 8. the presence of a
weak zone is not anticipated Lapindo, a fault (fracture), which is now cracked geological
structure drilling area in Porong resulting mudflow.
Impact Due to the Hot Mud overflow, resulting in many physical environment that
is damaged, local residents are also disturbed health, causing respiratory infections and skin
irritations, because the mud is also contained carcinogenic material if it accumulates in the
body can cause serious illnesses such as cancer, reduced intelligence, which based on
laboratory tests found the content of toxic substances and hazardous (B3) which exceeds the
threshold. In mud samples and analyzed by a laboratory test the presence of phenol water
quality hazardous to health and direct contact on the skin can make the skin such as burning
and itching where the effects of systemic or chronic effects of phenol can be caused to enter
the body through food.
Corporate crime, according to the Legal Foundation, which is in Chapter IX of the
Act No. 23, 1997 on Environmental Management (Law No.23/1997), has set criminal
penalties (imprisonment and fines) to legal entities which perform pollution. Furthermore,
in article 46 of Law No.23/1997 stated if a legal entity convicted of a crime, then the
sanctions are imposed in addition to legal entity, nor against those who give orders or who
become leaders in these actions. Corporate crime in the Indonesian legal system, as
stipulated in Law No.23/1997 on the Environment.
Simpson said there are three main ideas of the definition Braithwaite on corporate
crime. First, the illegal actions of the corporation and its agents are different from criminal
behavior of lower socio-economic class in terms of administrative procedures. Therefore,
classified corporate crime is not only a crime of criminal law, but also violations of civil
and administrative law. Second, both the corporation (as "individual legal subject" legal
persons ") and its representatives, including the perpetrators of crime (as illegal actors), in
which the judicial practice, depending on among other crimes, rules and quality of evidence
and prosecution. Third, the motivation corporate crimes are not aimed at personal gain, but
rather on meeting the needs and achievement of organizational advantage. No cover
possible motive is supported also by the operational norms (internal) and organizational
sub-culture. Mas Achmad Santosa (Good Governance, Environmental Law: 2001) said ,
corporate crime as stipulated in articles 45 and 46 of Law No.23/1997 is the formulation of
corporate crime as stipulated in the Dutch Criminal Code. So the corporation as a legal
persoon, can be convicted based on Law No.23/1997.
According to him, the criminal liability (criminal liability) of corporate leadership
(factual leader) and the command (instrumention giver), they can be subjected to
punishment in unison. The sentence was not for any physical or real, but based on functions
within a company upon him. In line with the PP. 85/1999 concerning the management of B3
waste. And from the aspect of violation of Human Rights (HAM), PT Lapindo Brantas Inc..
have been detrimental to society in various ways, for example, economic, social, and
cultural. Unable to imagine, that many thousands of workers lost their livelihoods,
community work productivity declined, thousands (even millions in the future) kids out of
school is threatened, and the East Java economy faltered, with the implementation of law
enforcement on the Lapindo mudflow case never jelas.serta the existence of political
policies more advanced than the minus ethical aspects of community justice. And in the
aspect of material impact and should spikologis which are the responsibility of PT Lapindo
Brantas Inc. / PT Energi Mega Persada, covering aspects of human rights violations
(Human Rights), law, politics, civil and criminal.
Due to the impact of pollution, then it is proper for the Government of Indonesia
must: 1.mengambil steps to close the PT Lapindo Brantas Inc., 2. by charging full
responsibility in solving the problem of hot mud, PT Lapindo Brantas Inc. / PT Energi
Mega Persada must guarantee fully the rights of victims and restoration of community life
environmental damage caused hot mud, 3. consistent law enforcement officials in
investigating aspects of environmental crimes committed by PT Lapindo Brantas Inc..,
including shareholders, and request information from relevant parties, such as Minister of
Energy and Mineral Resources (EMR) and BP Migas, 4. President of the Energy and
Mineral Resources, Directorate General of Oil and Gas, and BP Migas, is responsible for
ensuring completion of the hot mud problem without burdening the state budget and local,
re 5.mengkaji all legislation relating to exploration and exploitation of mineral resources
and put the safety and welfare aspects and safety and environmental sustainability as a
priority first and foremost and perform the audit process of exploration and exploitation of
oil and gas in dense residential areas to review the feasibility of these projects.
LAPINDO MUDFLOW METHOD AND FUNCTIONS OF LEGAL APPROACH

Lapindo Mud flood events caused by the negligence or human error, in making drilling
disidoarjo, Surabaya, East Java.
A Event Occurrence of overflow Lapindo Sidoarjo.
Overflow events Lapindo Sidoarjo Surabaya, East Java which occurred on May 28,
2006 approximately at 22:00, due to leakage of hydrogen sulfide gas (H2S) in the area of
gas exploration fields TMMJ Rig # 01, at the location of the Banjar Panji company PT.
Lapindo Brantas (Lapindo) Ronokenongo Village, Porong district, Sidoarjo regency. Where
the gas leak is in the form of white smoke burst from the ground fractures, soaring about 10
meters. Shot of the gas discharge accompanied by mud and run over to the villagers' fields.
Hot mudflow in Sidoarjo district has yet to also be resolved. Shot of which eventually form
pools of hot mud has devastated the livelihoods of local residents and surrounding areas.
Compass edition of Monday (6/19/2006) reports, no less than 10 mills have closed, with 90
hectares of paddy fields and human settlements can not be used and occupied again, so did
the milkfish ponds, not to mention the toll road to Surabaya-Gempol closed due to all the
hot mud flooded. Based on data obtained WALHI East Java, which recorded the number of
refugees in New Porong Market location number 1110 Head of the Family with details of
4345 people and 433 Toddlers, Location Kedung Bendo number of displaced as many as
241 head of Family Life in 1111 and 103 Toddlers, Village Hall Location Ronokenongo
some 177 head of the family with details of 660 inhabitants.
Lapindo Mud flood disaster based on the political aspect, which is the legality of
business (exploration or exploitation), in which Lapindo had pocketed the profit-sharing
contract business permit / production sharing contract (PSC) of the Government as the
authority of the ruler's sovereignty over natural resources. Based on these points in relation
to the case of the hot mudflow, the Indonesian government has long embraced the
neoliberal economic system in a variety of policies, where all potential oil and gas mining
and natural resources (NR) "sold" to private / individual (corporate based). Orientation in
sich profit corporation which makes corporate management paradigm will blind other
matters relating to environmental sustainability, improving the standard of living, even
catastrophic ecosystem. In East Java alone, there were many cases of disaster caused
lalainya the corporate rulers of oil and gas mining, as an example the case of a spillage of
oil and gas sector in the district Suko, Tuban, owned by Devon Canada and Petrochina
(2001); levels high enough hydro sulfidanya cause 26 farmers treated in the hospital. Then
the case of crude oil spill (2002) for exploration Premier Oil.18, last exactly 2 months after
the tragedy of Lapindo mudflow in Sidoarjo, oil wells Sukowati Campurejo Village,
Bojonegoro on fire. As a result, thousands of residents around the oil wells Sukowati should
be evacuated to avoid the threat of deadly gas. Parties Petrochina East Java, mimicking
hand washing mode by Lapindo, said he did not know anything about the cause of the fire.
Sale of the assets of the nation by their own government can not be separated from the
question of ownership. In Capitalism and neoliberal economic perspective as above, the
issue that dominated privatisasilah each case on the impact of environmental pollution.

B. As a result of pollution arising Impact overflow Mud Lapindo Sidoarjo.

Impact Due to the Hot Mud overflow, resulting in many physical environment that
is damaged, local residents are also disturbed health, causing respiratory infections and skin
irritations, because the mud is also contained carcinogenic material if it accumulates in the
 body can cause serious illnesses such as cancer, reduced intelligence, which based on
laboratory tests found the content of toxic substances and hazardous (B3) which exceeds the
threshold. In mud samples and analyzed by a laboratory test the presence of phenol water
quality hazardous to health and direct contact on the skin can make the skin such as burning
and itching where the effects of systemic or chronic effects of phenol can be caused to enter
the body through food.
In case of overflow Lumpur Lapindo can be regarded as a Corporate Crime, in
accordance with Legal Foundation, where in Chapter IX of the Act No. 23, 1997 on
Environmental Management (Law No.23/1997), has set criminal penalties (imprisonment
and fines) to legal entities which perform pollution. Furthermore, in article 46 of Law
No.23/1997 stated if a legal entity convicted of a crime, then the sanctions are imposed in
addition to legal entity, nor against those who give orders or who become leaders in these
actions. Corporate crime in the Indonesian legal system, as stipulated in Law No.23/1997
on the Environment. So also from the aspect of violations of Human Rights (HAM), which
according to WALHI, that PT Lapindo Brantas Inc.. have been detrimental to society in
various ways, for example, economic, social, and cultural and can not be imagined, where
thousands of workers lost their livelihoods, community work productivity declined,
thousands (even millions in the future) kids out of school is threatened, and the economy of
East Java hiccup. Until the present moment, against the enforcement of the Lapindo
mudflow case still not clear, minus the presence of political policies more advanced than
the ethical aspects of public justice.
Based on the observations of WALHI, from various aspects that should be the
responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, covering aspects of
human rights violations (Human Rights), law, politics, civil and criminal., Very slow
settlement of Lapindo mudflow case, where WALHI will seek an act of public inquiry,
which is an effort that will be pursued by the public through the House of Representatives,
to ask for accountability of PT Lapindo Brantas In with assigning the Attorney General may
be appointed as the state attorney to prosecute PT Lapindo Brantas Inc.. related to
environmental crimes and violations of multi-dimensional effect of hot mud, which caused
leakage of poisonous gas. There are several opinions about the cause of leakage of gas
which is accompanied Lapindo mud eruptions that have been described above.

C. Function Of Law As a Social Impact of Pollution Control Lumpur

Lapindo Sidoarjo.
Events Lapindo Sidoarjo mudflow caused by the absence of social controls and the
lack of application of criminal sanctions against violations of due to the impact of
environmental pollution is regulated by Law no. 23 of 1997, and relating to such issues as
container Walhi observer who has the duty and function of the environment that should be
 more serious to observe phenomena that occur in Sidoarjo East Java Surabaya. Where the
negligence that has occurred that caused the overflow of hot mud is already a duty of the
government to implement the provisions of Law No.23 of 1997 on Environmental
Management, Law No7/2004 about Dyaa Water Resources cq PP No.42/2008 on Water
Resources Management and Law 24/2007 on Disaster Management ..
It is an obligation of the Government relating to revitalize the victims and the impact of the
Lapindo mudflow on the necessity of PT Lapindo to provide indemnity against loss
suffered by the people and companies that were around the mudflow Sidoarjo, East Java
Surabaya. Against a corporate crime can be prosecuted or subjected to criminal sanctions
and prosecution based compensation Act N0. 23 of 1997 on Lingkunga Life in article 29
paragraph 5, which is based on the results of the environmental audit as referred to in this
paragraph is a document which is open to the public, as efforts to protect the public because
it must be declared. Then in article 30 paragraph 1, 2 and 3 states to protect the civil rights
of the parties to the dispute, with a view to preventing the occurrence of a different decision
regarding an environmental dispute and to ensure legal certainty.

D. Penalties Penalty Claim Form and Criminal Penalties Civil and

Administrative Penalties Against Legal Entities that have been Doing
Negligence.
Availability aspect of violation of Human Rights (HAM) and in line with the PP.
85/1999 concerning the management of B3 waste, which was conducted by PT Lapindo
Brantas Inc., either directly or indirectly, which has been detrimental to society in various
ways, for example, economic, social, and cultural. Nothing can be imagined, thousands of
workers lost their livelihoods, community work productivity declined, thousands (even
millions in the future) kids out of school is threatened, and East Java's economy faltered.
That is until now against the law enforcement on the case of overflow Mud Lapindo never
any clarity. And against criminal liability (criminal liability) of corporate leadership (factual
leader) and the command (instrumention giver), both can be subjected to punishment in
unison. The sentence was not for any physical or real, but based on functions within a
company upon him.
Looking at the data and the facts of violations of conspiracy in the acquisition of
exploration permits, the government is not serious oversight to Lapindo, including the
omission of the use of equipment and drilling technology that carelessly, predictive
geological drilling wells BJP-1 a lot of erroneous so that the implementation of drilling
deviated of planning, and cause of the mudflow that destroyed the fate of people who dealt
extensively with the ways of injustice, then that event can be categorized as crimes against
humanity as a form of gross human rights violations, with the expulsion of the population
due to a conspiracy of oil and gas business management Brantas block it. Gross human
rights violations that are formulated Article 9 letter d and e Law no. 26/2000 on Human
Rights Court to determine: "Crimes against humanity as referred to in Article 7 letter b is
one of the acts committed as part of a widespread or systematic attack he knew that the
attack directed against any civilian population in the form: ... d . expulsion or forcible
transfer of population; e. deprivation of liberty or the other deprivation of physical liberty
arbitrarily in violation of (the principles) the provisions of international law; ... "
Enforcement of Human Rights must understand the historical interpretation of Law.
26/2000, which of Rome Statute of the International Criminal Court (Rome Statute), which
contains provisions concerning the very serious crimes (the most serious crimes), which
 then translates to `gross human rights violations' by Law no. 26/2000. But the Law makers.
26/2000 cut the sentence in the letter k article 7 paragraph (1) of the Rome Statute which
determines the shape of other crimes, namely: "Other inhumane acts of a similar character
intentionally great Causing Suffering, or serious injury to body or to mental or physical
health" .
Settings sanctions against flood disaster hot Mud Lapindo Sidoarjo, which can be
punishable as a regulated principal in the Law No. 23 of 1997 regulates the administrative
sanctions in the form of sanctions is governed by Article 25 through Article 27 and
Criminal sanctions stipulated by Article 41 through Article 48. And on administrative
sanction is imposed as punishment for perpetrators of violations against the environment, a
form of revocation of business licenses / activities related to environment and result in the
business / activity stops in total, with the obligation to restore back to the environment that
has been contaminated or that have been destroyed akiban hot mudflow Sidoarjo hitherto
unknown can be overcome.
While criminal sanctions as a punishment is a deliberate, negligence, omission or
false information perform acts that cause pollution or destruction due to the threatened
levee jebolnya imprisonment for at least 5 years or until as severe as 15 years or a fine of at-
lack Rp.100.000.000, - or up to Rp. 500,000,000 - according to the level of abuse / neglect
committed by the business environment in this case the relevant government. In accordance
with the case of Lapindo hot mudflow, which in that case was as a result no legal basis and
social terealisasikannya supervisory controls Lapindo mudflow impacts in relation to
contamination of the environment, especially at institutions that have been given permission
to the drilling disidoarjo.
Although it was clear the settings of the Act. 23 of 1997 concerning the environment
that is as a legal umbrella to underlie all activities that impact the environment, which will
surely have a negative impact on the lives of human, as well as on regulation of
administrative sanctions and criminal sanctions.

E. Class Action Lawsuit In Effort to Implement the Prosecution Against

PT.Lapindo in Sidoarjo
Actions Class Action Lawsuit in which he advanced the legal basis is Article 1365
Civil Code which states that "any unlawful acts, which bring harm to others, requires that
any person whose fault publish losses, replace those losses."? For arguably the Unlawful
Actions by Article 1365 Civil Code, an act must meet the following elements:
1. The existence of tort.
2. Any element of error.
3. The presence of loss.
4. A causal relationship which shows that the losses caused by faulty one.
There are elements in which an unlawful act against the law to meet the elements
that are considered:
1. Contrary to the rights of others.
2. Contrary to its own legal obligations.
3. Contrary to decency.
4. Contrary to the necessity that must be heeded in the association community about other
people or objects.
The elements are essentially an alternative means to fulfill that an unlawful act, not
to be fulfilled all the elements. If an act already meets one element only, then such actions
can be considered as acts against the law. In this case, unlawful acts committed by the
defendants is contrary to the rights of others and its own legal obligations. In connection
with the case, many consumers feel disadvantaged communities with service quality issues.
Regarding the issue of service quality, the Komparta has conducted research in the area of
West Jakarta, North Jakarta, East Jakarta, South Jakarta and Central Jakarta. Of the five
regions, the Komparta found that many consumers are harmed, particularly drinking water
in the presence of various problems concerning the quality of service is not adequate.
Second, technical problems also sometimes experienced by consumers.
Technical problems like leakage and also an indication of a problem it is also about
the activities of the company's problem of drinking water was a lot of harm to the
community or surrounding environment, for example in the question of planting pipe,
excavation repair inaction. All the things that underlie that consumer society is a lot of the
losses suffered during the services as well as the policies are carried out and also felt by the
consumer society. Violates UUPKI? Responding to the lawsuit, the legal counsel of the
defendants of their legal representatives and the Governor of DKI Jakarta DKI Jakarta
DPRD judge that the lawsuit is filed Komparta NGOs do not meet the requirements
established by the Consumer Protection Act (UUPK). Where the defendant's attorney
argued his opinion on Article 46 paragraph (1) UUPK. Under this provision a lawsuit for
breach of business can be done by (1) a consumer, (2) a group of consumers who have
similar interests, (3) non-governmental consumer protection agency, and (4) the
government or related agencies. Defendants agreed that the lawsuit Komparta can be
categorized as a lawsuit filed by non-governmental consumer protection agency. However,
such claims do not qualify for class-action lawsuit. According to Article 46 paragraph (1)
letter UUPK, consumer organizations-governmental organizations (who filed the lawsuit)
must be a legal entity or a foundation.
Based on the search the defendant, a new Komparta declared on March 21, 2003 and
comprises 17 people, where the organization does have a management structure, statutes,
and bylaws. But in terms of juridical, Komparta not signed a legal entity or foundation
category. We found many new Komparta registered at the notary office in Jakarta.
Sudaryatmo, YLKI Litigation Division, argued that the provisions of Article 46 above
should be seen as an effort to lawmakers created the institution of good consumer
organizations. Body representing the consumers have to really show their work so that
qualifies as a representative konsumen.Seingat Sudaryatmo, the above provisions refer to
similar provisions in the Netherlands. In consumer organizations representing consumers
who sue must prove their work in real terms. Status of organization must include their
activities in the field of consumer protection.
However, in the first interlocutory, the judge rejected the exceptions of the parties to
these defendants, as well as the final verdict was read before the judges also rejected the
exception of the material. The defendant argued in his defending that plaintiff should be
posted to the Administrative Court, not to the District Court, so that ultimately the judges to
grant the demands of the parties plaintiff, represented by NGOs such Komparta. In arrival
connection with class action cases and also serve targeted above the Class Action case in
Indonesia, such as Class Action lawsuit in the trial of 1965 victims. On hearing the class
action victims of the new order in 1965 at the Central Jakarta District Court on Wednesday
group of people who in the name of religious and nationalist groups. Sunarno, 71 years old
ex-political prisoners currently a Research Institute of the Central Board Victims The events
of 1965, stating only demanding their rights and do not want stuff. "We feel not guilty but
was blamed for granted," he said. In addition, according to Sunarno arrival ex-political
prisoners and detainees are in groups even from regions at the trial because they want to
know The court will align the people who have never been declared wrong in court. "If one,
yes, wrong, but let the courts decide later. Responding attitude mendomo group of people
who claim the victims of atrocities that the new order, Sunarno can only wait." It's up to
their rights, we respect the rights of people, so we appreciate, we are also entitled to file a
lawsuit better respect the rights of each, "he said. And in concert with these words, Toga
Tambunan expressed hope for their rights as citizens restored." We expect justice from the
economic, social and cultural rights restored, at least we are equal with the general public in
legal matters, "he said. According to Toga, he was detained at the age of 13.5 years without
ever tried and it was a great loss for someone who is in prison. "We're in prison but did not
know what and who is doing this even though from a legal standpoint it should be the guilty
are prosecuted," Actually crimes under Suharto's New Order is not just happening to people
who called the PKI, but also against Muslims and groups that oppose the dictatorial and
corrupt government.
In connection with these cases, the author cites the revelation of the Vice Chairman
of the Supreme Court, in a briefing at the National Meeting of 2008 in Jakarta, On the
authority of the State Administrative Court relating to the case of Class Action, where a
lawsuit filed by several people representing the people many who feel their interests harmed
by a decision issued by the official TUN. The lawsuit referred to was a class action (class
action), but the problem is whether the dispute is a dispute arising from the issuance TUN
decision. Where TUN decision, according to Article 1 paragraph 3 of Law No. 9 Year 2004
on Amendment Act. 5 Year 1986 concerning Judicial TUN, is a written determination
issued by the Agency or Officer TUN containing legal action based on legislation in force, a
concrete, individual and final, which creates legal effect to a person or body of civil law .
In essence, that the disputed decision TUN must be concrete, individual and final
(Kif). In a class action, class representatives who filed the lawsuit not only to act for
themselves but also members of numerous groups whose identity is yet unknown. While
Article 53 paragraph (1) of Law No. 9 of 2004 clearly states that the plaintiff in a lawsuit
must be a person or body of civil law who felt their interests harmed by a decision written
determination TUN ie a concrete, individual and final. Decision individual TUN is a
decision that is not intended to be public, but certain things well and the destination address.
If the destination is more than one, then each and every name of people affected by
decisions that must be mentioned. Based on that description, the class action is not possible
at the Environment Court in the State Administrative Court (TUN).
Availability point of contact with the General Court, which is often a land certificate
lawsuit filed by a person (who did not control the land dispute) who felt their interests
harmed by the issuance of land certificates referred to in the name of another person. In a
dispute over land title certificate Judges must be careful to really consider whether the
dispute is a dispute over ownership of TUN or over the land that became the competence of
the General Court to examine and disconnect. What should Judiciary TUN in examining
and deciding a lawsuit about land titles, sticking to the provisions of Article 53 paragraph
(2) of Law No. 9 of 2004 namely: a. Is the decision which was sued TUN (ic land
certificate) contrary to the laws and regulations in force; b. Does that sued TUN decision
contrary to general principles of good governance.
In this problem, judges should also pay attention to Article 2 of Law No. 9 of 2004,
among others TUN decision which is an act of civil law referred to in the explanation of
Article 2 letter a of Law No. 9 of 2004, not included in the definition TUN decision
according to law. Legal Policies should be taken, on September 9, 2006, the President has
 signed a decree forming the National Response Team Mudflow in Sidoarjo, which includes
mention team was formed to save people around the disaster site, maintaining basic
infrastructure, and resolve the mudflow problem with risk smallest and the team
environment led Muljono Basuki Hadi, Head of Research and Development Department
pekerjan Umun, with directing team of ministers, given the mandate for six months and the
entire cost for implementation of this national team duty charged on PT Lapindo Brantas.
Performed detention of suspects, East Java police have set up 12 suspects, namely 5
people of PT Medici Citra Nusantara, 3 people from PT Lapindo Brantas, 1 person from PT
Energi Mega Persada and PT 3 people from the Three Season Jaya. Season Three related
Jaya PT Lapindo case because he is a provider of rig operator (drill). Where the suspect
snared Article 187 and Article 188 of the Criminal Code and Law No 23/1997 Article 41
paragraph 1 and Article 42 concerning environmental pollution, the threat of 12 years in
prison law, which automatically Act environmental pollution is already included corporate
crimes for damaging the environment.

ANALYSING PROBLEMS
A. Analyzing Internal Factors.
As an answer to the formulation of the problem that is internal factors, the authors
tried to analyze legal issues / Companies which already considers the company can not
pay / bankruptcy may be separated from the obligation to pay the aggrieved parties, if based
on a court ruling in consideration that the PT. Lapindo is considered bankruptcy, but the PT.
Lapindo is not free from obligation to continue giving compensation to the people and
companies who suffered losses due to carelessness or negligence of the gas drilling activity.
Because remember every ekplotasi of gas drilling has been done are definitive coverage of
local and international insurance.
Related to the issue of accountability due to overflow Mud Lapindo, which should
be responsible is in addition to PT. Lapindo, as well as the Local Government (Governor)
and the Central Government, which must immediately find a solution or way out, as the
reduction of pollution impact overflow Mud Lapindo, Sidoarjo. Which case the relevance of
local or central government, in terms of granting licenses, which both policy-based
economic and political policies, both internally is from a basic policy and implementation
of policies of local governments and the Central Government. Because if we look at the
provisions of Law no. 23 of 1997 which has been described above, which is responsible for
providing compensation to victims of Sidoarjo hot mud flood is already a liability of legal
entities or government agencies that have an impact on the environment pollution.
In relation to the Class Action lawsuit, represented by a foundation in the form of
legal entity / Indonesian Consumer Protection Institute, based on the fundamentals of
Psychological Science, Criminal Law and Civil Science, Politics, Law, Human Rights,
Environment and view Philosophy of Law, where against Lapindo mudflow victims may be
possible to do a Class Action lawsuit in this case represented by the Foundation / Board of
Law who has received permission from the Government with the District Court by
Stipulation. Judging from these cases that the Class Action lawsuit is considered the most
effective way to resolve the case Lumpur Lapindo victims, because of the scientific aspects
have been proven in compliance with various elements, which can be a basic demand /
claim compensation for the victims of Lapindo mudflow Sidoarjo. By not apart from the
criminal elements that can be charged penalty layered, such as the Crime of Violation of
Human Rights, Corporate Crime fellow agencies, Environmental Pollution Crime,
Corruption and so forth.
B. Analyzing External Factors.
If to the realization that based on internal factors, not running properly in case of
replacement of loss of flood victims Lumpur Lapindo, Sidoarjo then the external factors
which the views of the international community that on the application of legal system in
Indonesia, yet can be said to ensure legal certainty. In view of the case which has clearly
seen the existence of violations (in the internal factor) is a violation of Human Rights,
Corporate Crime fellow agencies, Environmental Pollution Crime, Corruption. It can be
ascertained Negara Indonesia will get criticism from the international world because it does
not run from what is already a result of the international convention. And of course there
was going to make restless or doubts the existence of the foreign infestor to invest in
Indonesia, because seeing that the laws in force in Indonesia can not guarantee the creation
of legal certainty.

Final Discussion
1. Environment as a gift and grace of God Almighty to the people and the Indonesian nation,
which is a space for life in all its aspects and its surroundings are in harmony with the
Archipelago, in order to efficiently utilize natural resources and to promote the general
welfare as mandated by the Act of 1945, which constituted and regulated in Law no. 4 /
1982 on Basic Provisions for Environmental Management (State Gazette of 1982 No. 12,
Supplement No. 3215) to achieve sustainable development goals Cq Law. 23 of 1997 on the
Environment.
2. Before the flood Mud Lapindo Sidoarjo, Surabaya, ecosystems and infrasutruktur very well
in Sidoarjo, in which economic activities run smoothly. The environment surrounding the
community sidoarjo arranged in accordance with the provisions of Law No. 23 of 1997 on
the Environment. Economic welfare is very good although very slow, but towards food self-
sufficiency, especially in the field of agribusiness in the area around Sidoarjo Surabaya runs
smoothly in accordance with mandated by the 1945 Constitution.
3. After the occurrence of overflow events Mud Lapindo Sidoarjo Surabaya, East Java, where
the date May 28, 2006, at around 22:00 a leak of hydrogen sulfide gas (H2S) in the area of
gas exploration fields TMMJ Rig # 01, the location of the Banjar Panji company PT.
Lapindo Brantas (Lapindo) Ronokenongo Village, Porong district, Sidoarjo regency. Gas
leaks in the form of white smoke burst from the ground fractures, soaring about 10 meters.
Shot of the gas discharge accompanied by mud and run over to the villagers' fields and hot
mud flow that has yet to also be resolved. Shot of which eventually form pools of hot mud
has devastated the livelihoods of local residents and surrounding areas that is not less than
10 mills have closed, 90 hectares of paddy fields and human settlements can not be used
and occupied again, as well as ponds appeal and forth. And to the data obtained that the
presence of refugees in New Porong Market location number 1110 4345 Head of the Family
with details of 433 souls and Toddlers, Location Kedung Bendo number of displaced as
many as 241 head of Family Life which consists of 1111 and 103 Toddlers, Village Hall
Location Ronokenongo number 177 Head of the family with details of 660 inhabitants.
4. According to the environmental analysis, BAPPEDAL East Java, the Department of
Environment and Mining Sidoarjo, and PT Lapindo Brantas Inc.., Mentioned that the mud
that flooded more than 5 township residents containing phenol concentration that exceeds
the threshold. For example, with a concentration in the water, 46mg / 1,50% of the
population dead goldfish. In addition, phenol is toxic to aquatic plants, although the levels
 are minimal, can be broken down by micro-organisms and at this point, it can be dangerous
if the sludge is discharged to the sea, because they contain phenol levels that exceed the
normal limit is very vulnerable to human health.
5. Based on the instrumental approach, where environmental management organized by the
principle of State responsibility, the principle of sustainability, and aims to realize the
principle benefits of sustainable development environment in order to complete
development of the Indonesian and Indonesian community development and devoted to all
who believe in God the Almighty Esa. Where everyone has the equal right to good
environment and healthy and have the right to environmental information relating to the
role in environmental management with the obligation to maintain the preservation of
environmental functions as well as prevent and control pollution and environmental
destruction in accordance with laws and regulations.
6. Based on the Natural Law approach, which is inseparable from the Forestry Law which
regulates the rights of control over forests and forest products, which according to Law no.
5 / 1967 on Basic Provisions on Forestry (LN.8/1967, TLN. 2832), Forest is a field of trees
that grow as a whole is a living natural living communion with the natural environment by
the Government designated as a forest, industry, wood firewood, bamboo, rattan, rumpu the
grass and the animals such as wildlife hunting, wildlife beautiful. Under Customary Law as
the basis for the development of law, in holding the unification of law is not choosing the
Customary Law as the main basis of development the new Land Law, which is consciously
held entity which includes the institutions and elements, both contained in the Customary
Law and the Law New / Legislation in force. In general, people see and interpret the
Customary Law is only as positive law as law which is a series of legal norms, which
become the handle together in public life.
7. Aspects of human rights violations (Human Rights), which according to WALHI, that PT
Lapindo Brantas Inc.. have been detrimental to society in various ways, for example,
economic, social, and cultural and can not be imagined, where thousands of workers lost
their livelihoods, community work productivity declined, thousands (even millions in the
future) kids out of school is threatened, and the economy of East Java hiccup. Until the
present moment, on law enforcement on the case of overflow Mud Lapindo never clear,
minus the presence of political policies more advanced than the ethical aspects of public
justice. Based on the observations of WALHI, from various aspects that should be the
responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, covering aspects of
human rights violations (Human Rights), law, politics, civil and criminal., Very slow
settlement of Lapindo mudflow case, where WALHI will seek an act of public inquiry,
which is an effort that will be pursued by the public through the House of Representatives,
to ask for accountability of PT Lapindo Brantas Inc..
8. The presence of a Corporate Crime, in accordance with Legal Foundation, where in Chapter
IX of the Act No. 23, 1997 on Environmental Management (Law No.23/1997), has set
criminal penalties (imprisonment and fines) to legal entities which perform pollution.
Furthermore, in article 46 of Law No.23/1997 stated if a legal entity convicted of a crime,
then the sanctions are imposed in addition to legal entity, nor against those who give orders
or who become leaders in these actions. Corporate crime in the Indonesian legal system, as
stipulated in Law No.23/1997 on the Environment.
9. Criminal accountability (criminal liability) of corporate leadership (factual leader) and the
command (instrumention giver), they can be subjected to punishment in unison. The
sentence was not for any physical or real, but based on functions within a company upon
him. In line with the PP. 85/1999 concerning the management of B3 waste. And from the
 aspect of violation of Human Rights (HAM), PT Lapindo Brantas Inc.. have been
detrimental to society in various ways, for example, economic, social, and cultural. Unable
to imagine, that many thousands of workers lost their livelihoods, community work
productivity declined, thousands (even millions in the future) kids out of school is
threatened, and the East Java economy faltered, with the implementation of law
enforcement on the Lapindo mudflow case never jelas.serta the existence of political
policies more advanced than the minus ethical aspects of community justice. And in the
aspect of impact and spikologis mateiil yng should be the responsibility of PT Lapindo
Brantas Inc. / PT Energi Mega Persada, covering aspects of human rights violations
(Human Rights), law, politics, civil and criminal.
10. Lapindo Mud flood disaster based on the political aspect, which is the legality of business
(exploration or exploitation), in which Lapindo had pocketed the profit-sharing contract
business permit / production sharing contract (PSC) of the Government as the authority of
the ruler's sovereignty over natural resources. Based on these points in regard to the case of
the hot mudflow, the Indonesian government has long embraced the neoliberal economic
system in a variety of policies, where all potential oil and gas mining and natural resources
(NR) "sold" to private / individual (corporate based). Orientation in sich profit corporation
which makes corporate management paradigm will blind other matters relating to
environmental sustainability, improving the standard of living, even catastrophic ecosystem.
11. Impact Due to the Hot Mud overflow, resulting in many physical environment that is
damaged, local residents are also disturbed health, causing respiratory infections and skin
irritations, because the mud is also contained carcinogenic material if it accumulates in the
body can cause serious illnesses such as cancer, reduced intelligence, which based on
laboratory tests found the content of toxic substances and hazardous (B3) which exceeds the
threshold. In mud samples and analyzed by a laboratory test the presence of phenol water
quality hazardous to health and direct contact on the skin can make the skin such as burning
and itching where the effects of systemic or chronic effects of phenol can be caused to enter
the body through food.
12. Lapindo Sidoarjo mudflow caused by the absence of social controls and the lack of
application of criminal sanctions against violations of due to the impact of environmental
pollution regulated by Law no. 23 of 1997, and relating to such issues as container Walhi
observer who has the duty and function of the environment that should be more serious to
observe phenomena that occur in Sidoarjo East Java Surabaya. Where the negligence that
has occurred that caused the overflow of hot mud, which is already a duty of the
government to implement ketentuann Act No.23 of 1997 on Environmental Management,
Law No7/2004 about Dyaa Water Resources cq PP No.42/2008 on Water Resources
Management and Law 24/2007 on Disaster Management.
13. Availability aspect of violation of Human Rights (HAM) and in line with the PP. 85/1999
concerning the management of B3 waste, which was conducted by PT Lapindo Brantas
Inc., either directly or indirectly, which has been detrimental to society in various ways, for
example, economic, social, and cultural. Nothing can be imagined, thousands of workers
lost their livelihoods, community work productivity declined, thousands (even millions in
the future) kids out of school is threatened, and East Java's economy faltered. That is until
now against enforcement of the Lapindo mudflow case lupana kejelasnnya not go there.
And against criminal liability (criminal liability) of corporate leadership (factual leader) and
the command (instrumention giver), both can be subjected to punishment in unison. The
sentence was not for any physical or real, but based on functions within a company upon
him.
14. Sanctions against punishment for perpetrators disaster arrives that causes Lapindo hot
mudflow Sidoarjo, which can be punishable as a regulated principal in the Law No. 23 of
1997 regulates the administrative sanctions in the form of sanctions is governed by Article
25 through Article 27 and Criminal sanctions stipulated by Article 41 through Article 48.
And on administrative sanction is imposed as punishment for perpetrators of violations
against the environment, a form of revocation of business licenses / activities related to
environment and result in the business / activity stops in total, with the obligation of
restoring the environment is polluted or have been destroyed akiban hot mudflow Sidoarjo
which until now has not been able to overcome.
15. Criminal sanctions, as a punishment is carried out intentionally, negligence, omission or
false information perform acts that cause pollution or destruction due to the threat jebolnya
responsibility imprisonment for at least 5 years or until as severe as 15 years or a fine of at
least USD .100.000.000, - or up to Rp. 500,000,000 - according to the level of abuse /
neglect committed by the business environment in this case the government terait. In
accordance with the case of Lapindo hot mudflow, which in this case is as terealisasikannya
causes no legal basis for social control and monitoring of the impact of Lapindo mudflow in
relation to contamination of the environment, especially on terkaita agency which has given
license to these disidoarjo drilling.
16. Class Action Lawsuit in which he advanced the legal basis is Article 1365 Civil Code
which states that "any unlawful acts, which bring harm to others, requires that any person
whose fault issue of loss, to replace those losses. For arguably the Unlawful acts under
article 1365 Civil Code, an act must meet the following elements: 1. The act against the
law, 2. There is an element errors, 3. The existence of losses, and 4. The existence of a
causal relationship which shows that the losses caused by faulty one. There are elements
against the law in which an act is against the law to meet the elements that are considered:
1. Contrary to the rights of others, 2. Contrary to the obligations of its own law, 3. Contrary
to the decency and 4. Contrary to the necessity that must be heeded in the association
community about other people or objects.
17. The elements that are alternative means to fulfill that an unlawful act, not to be fulfilled all
the elements. If an act already meets one element only, then such actions can be considered
as acts against the law. In this case, unlawful acts committed by the defendants is contrary
to the rights of others and its own legal obligations. In connection with the case, many
consumers feel disadvantaged communities with service quality issues.
18. In connection with TUN decision, the disputed must be concrete, individual and final (Kif).
In a class action, class representatives who filed the lawsuit not only to act for themselves
but also members of numerous groups whose identity is yet unknown. While Article 53
paragraph (1) of Law No. 9 of 2004 clearly states that the plaintiff in a lawsuit must be a
person or body of civil law who felt their interests harmed by a decision written
determination TUN ie a concrete, individual and final. Decision individual TUN TUN is a
decision that is not intended to be public, but certain things well and the destination address.
If the destination is more than one, then each and every name of people affected by
decisions that must be mentioned. Based on that description, the class action is not possible
at the Environment Court in the State Administrative Court (TUN).
19. Availability point of contact with the General Court, which is often a land certificate
lawsuit filed by a person (who did not control the land dispute) who felt their interests
harmed by the issuance of land certificates referred to in the name of another person. In a
dispute over land title certificate Judges must be careful to really consider whether the
dispute is a dispute over ownership of TUN or over the land that became the competence of
 the General Court to examine and disconnect. TUN justice in examining and deciding a
lawsuit about land titles, sticking to the provisions of Article 53 paragraph (2) of Law No. 9
of 2004 namely: a. Is the decision which was sued TUN (ic land certificate) contrary to the
laws and regulations in force; b. Does that sued TUN decision contrary to general principles
of good governance.
20. The internal factors, that the legal entity / company already considers Vendor is unable to
pay / insolvent can be released from the obligation to pay the aggrieved parties, if based on
a court ruling in its consideration that the PT. Lapindo is considered bankruptcy, but the PT.
Lapindo is not free from obligation to continue giving compensation to the people and
companies who suffered losses due to carelessness or negligence of the gas drilling activity.
And terhadapa Class Action lawsuit, represented by a foundation in the form of legal
entity / Indonesian Consumer Protection Institute, based on the fundamentals of
Psychological Science, Criminal Law and Civil Science, Politics, Law, Human Rights,
Environment and views of Philosophy of Law, where against Lapindo mudflow victims
may be possible to do a Class Action lawsuit in this case represented by the Foundation /
Board of Law who has received permission from the Government with the District Court by
Stipulation.
21. By external factors, to the reimbursement of loss to the flood victims Lumpur Lapindo,
Sidoarjo, it will bring negative impact because of the international world view associated
with the view of the Lapindo mudflow case that until the present time still not be resolved
either in bursts or recover case of loss to the victims of the Lapindo mudflow.
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