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      MODEL APPLICATION OF LEGAL PROTECTION TOWARD SOCIETY AS A VICTIM OF POLLTION OR ENVIRONMENTAL DESTRUCTION BY THE CORPORATION WITH THE RESTORATIVE JUSTICE PRINCIPLE

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      Date
      2016-01-15
      Author
      WIDOWATY, YENI
      FITRIYANTI, FADIA
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      Abstract
      The use of natural resources must be harmonious and balanced with environmental functions. The biggest challenge will be facing this country is environmental destruction. For the victims of pollution and or destruction of the environment, are not easy to sue for damages to the perpetrators. In such case, efforts to provide legal protection for the victim would be more meaningful if the victim involve in the process of the case settlement. An evolving concept that involves the victim in it is called Restorative Justice The purpose of this research is to applicate a model of legal protection for the victims of pollution and or the environmental destruction by the corporation according to the Restorative Justice principles. Then conduct an evaluation of the application of the model. This research is socio-legal. The type of data used in this research is primary data and secondary data, The results of the research showed that the program of the Environment Agency is currently a higher priority on prevention so it routinely do counseling to various companies. In the case of the environment, will be settled according to the procedure. If the case is easy then simply done the coaching course. For the model application of legal protection for the victims of pollution and or the environmental destruction by the corporation according to the Restorative Justice principles not easy to applied. Considering that the application of the restorative justice principle is difficult and is not grounded, and then it needs to be evaluated by way of Environmental legislation must be reformulated, made changes primarily related to sanctions against the perpetrators of the corporation. In the alternative dispute resolution should be included restorative justice principle where interest between offenders and victims is accommodated and takes into account the impact of the settlement of the criminal cases in the community. The second way applied strict liability (absolute responsibility) for corporations so without waiting to see if there is a mistake or not for companies that pollute and or environmental harm society if it liable.
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      http://repository.umy.ac.id/handle/123456789/2279
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