Ontology in philosophy is a philosophical perception related to what and how. Legal norms that affirm people's rights to a good and healthy environment as a form of state responsibility and obligation have basically been regulated in Article 28 (h) of the 1945 Constitution of the Republic of Indonesia. On the other hand, Environmental law is a functional field of law, which is a field of law that contains provisions of state administrative, criminal and civil law. Problems in the environment occur because of destruction and or pollution so that a good and healthy environment cannot be guaranteed anymore and causes losses to other parties. One option for resolving environmental disputes is to use civil law instruments where the application of civil law rules is primarily to provide more legal protection for the natural environment/forest as well as victims who suffer losses as a result of forest destruction. Therefore, this study aims to examine the philosophy of liability in an environmental dispute related to Indonesian Law.
The purpose of this study is to discover the philosophy of accountability in environmental disputes and discover the legal rationality of the validity of the Res Ipsa Loquitur doctrine in resolving environmental disputes in Indonesia. The results of the study show that 1) The philosophy of accountability in environmental disputes is the human right because of the existence of human beings as conscientious, intelligent, conscious and free beings who use their conscience, reason, awareness and freedom (ontologism) where their fulfillment is based on moral legislation (epistemological) to bring about justice, legal certainty and expediency (axiological) and 2) The rationality of the legality of the doctrine of res ipsa loquitur is in the environmental dispute is first, the difficulty of proving mistakes (intentional or negligence) in environmental disputes; Second, reversing the burden of proof still requires proof of innocence and causality between loss and mistakes; The three absolute responsibilities still require proof from the defendant regarding the loss caused; Fourth, the allegation evidence still requires the support of other evidence, so that a mechanism for resolving environmental disputes in favor of the environment (novio pro natura) is needed without proof of the mistakes, losses and causality of both but sufficient with the fact of environmental damage that is located in the power of the defendant so the allegation that arises is presumption by factuality with a form of responsibility to compensate absolutely (absolutely compentation liability).
Penelitian ini bertujuan untuk mengungkap faktor penyebab anak putus sekolah di Kelurahaan Tuutu analisis Pasal 31 Ayat 1, 2, dan 3 UUD 1945. Metode penelitian yang digunakan yaitu metode penelitian kualitatif dengan metode pengumpulan data observasi dan wawancara. Sedangkan analisis data yang digunakan dari Miles Huberman berupa pengumpulan data, reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian ini menjelaskan bahwa di Kelurahan Tuutu Kabupaten Minahasa Tondano Barat masih banyak yang tidak melanjutkan sekolah disebabkan oleh beberapa faktor contohnya hamil diluar nikah, pergaulan bebas, kurang perhatian orang tua, serta kesadaran diri yang kurang
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