VALIDITY OF THE PROCESS OF COLLECTING AND EXAMINING EVIDENCE IN ENVIRONMENTAL POLLUTION CASES

In applying the precautionary principle, judges are obliged to consider the situation and conditions that occur and decide whether scientific opinions are based on reliable evidence and methodology and have been tested for truth (legitimate and valid).

The Supreme Court in Decision Number 1479 K/Pid/1989 in the Surabaya River pollution case, defined that evidence is considered valid if the process of collecting it is carried out in a pro-judicial manner using procedural procedures that have been stipulated in the Criminal Procedure Code (KUHAP). Meanwhile, evidence is considered valid if the process of collecting and examining it is based on scientific methodology that is the most valid, newest, and recognized by experts in the relevant scientific field.

This principle is also known as in dubio pro natura, especially in its application to civil and state administration cases in the environmental sector.

Source:

The book entitled: “Settlement of Environmental Disputes Through Civil Lawsuits”, by: Dr. H. Prim Haryadi, S.H., M.H., Publisher: Sinar Grafika, p. 272-273.