IF PROVEN TO HAVE VIOLATED THE LAW, CIVIL LIABILITY CAN NOT BE REMOVED EVEN IF THE DEFENDANT HAS A BUSINESS LICENSE
In the case of Review to the Supreme Court (Review) between the Ministry of Environment as the Plaintiff/Petitioner for Judicial Review against PT Surya Panen Subur as the Defendant/Respondent for Judicial Review, the Supreme Court, in its considerations, stated:
The Review Defendant/Respondent must bear civil liability even though they have a business license because a business license cannot remove civil liability if it is proven that the Review Defendant/Respondent has violated the law. Article 69 (1) UUPPLH prohibits land clearing by burning. Likewise, Article 26 of Law Number 18 of 2004 concerning Plantation jo. Article 56 Law no. 39 of 2004 prohibits plantation business actors from clearing or cultivating land by burning.
Supreme Court Decision No. 690/PK/Pdt/2018
Source: Book written by Prof. Dr. Takdir Rahmadi, S.H., LLM., entitled Environmental Law in Indonesia, publisher: Rajawali Pers, page 299.
Best regards,
Fredrik J. Pinakunary