Legal Study on Alternative Use of Environmental Dispute Settlement with Mediation Ngerong River Pollution in Gempol Pasuruan, Indonesia

Pollution

Dispute resolution outside the court is popularly known as alternative dispute resolution (ADR) for the Indonesian people, which has been the philosophy of the Indonesian nation since time immemorial; only the name does not use the word "dispute resolution" outside the court. Furthermore, in the settlement of environmental disputes in Article 32 of the UUPLH, as referred to in Article 31, the services of third parties, both those who do not have decision-making authority and those who do have decision-making authority, can be used to help resolve environmental disputes. The existence of the word "… can … to help …" in the formulation of Article 31 UUPLH, The pattern of settlement of environmental disputes in the provisions of the UUPLH appears to be a correction of the error in the Tripartisan Team system according to Law Number 4 of 1982 concerning the Basic Provisions for Environmental Management (UULH). Several alternative forms of environmental dispute resolution discussed above are further regulated by regulations, such as Law No. 30 of 1999 concerning arbitration and alternative dispute resolution and Government Regulation No. 54 of 2000 concerning institutions providing services for environmental dispute resolution outside the court. The agreement was accepted by the disputing parties (PT Sorini Corp and the affected Gempol residents). This proves the effectiveness of the APS procedure in resolving disputes related to the environment. In addition to saving costs, settlement through the mediation process also takes place in a short time and results in an agreement that the disputing parties will receive. The advantages mentioned above show the advantages of the APS process, which is better than dispute resolution through the courts, which may take a very long time and may not be accepted gracefully by both parties to the dispute.

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