Basri, Hasan (2025) Analisis Yuridis Gugatan Citizen Lawsuit Terhadap Putusan Onrechtmatige Daad di Pengadilan Negeri Rengat Nomor 17/pdt.g-lh/2020/pn.rgt. Other thesis, Universitas Islam Riau.

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Abstract

Citizen lawsuit is a legal mechanism that allows citizens to file a lawsuit against government actions or negligence deemed to harm the public interest. In case number 17/Pdt.G-LH/2020/PN.Rgt at the Rengat District Court, the lawsuit was filed on the basis of an unlawful act (onrechtmatige daad). This research aims to identify and understand the concept of a citizen lawsuit at the Rengat District Court, and to examine and comprehend the judge's considerations in the ruling at the Rengat District Court. The research method used is normative legal research with descriptive-analytical methods, a case approach, and a statutory approach. Data was obtained through a literature review of the Rengat District Court’s decision. In this case, the plaintiffs referred to Article 1365 of the Indonesian Civil Code regarding unlawful acts as part of the citizens’ constitutional rights. This research emphasizes that the citizen lawsuit can serve as an important instrument in upholding legal protection, although challenges remain in its implementation, such as proving the damage and the legal standing of the plaintiffs. The concept of the citizen lawsuit in the Rengat District Court case number 17/Pdt.G-LH/2020/PN.Rgt relates to an unlawful act due to the government’s negligence in fulfilling its responsibilities, which resulted in harm to the community. The citizen lawsuit discussed in this study was filed due to findings in the field that the approved Environmental Management and Monitoring Effort Document (UKL-UPL) by the government was incomplete and legally flawed. Furthermore, the construction activities of the palm oil processing plant by PT. Sanling Sawit Sejahtera were damaging to the environment, particularly to the Batang Lalo River, which is a source of clean water for the local water utility (PDAM), used by the plaintiffs and the Lubuk Batu Jaya community. The panel of judges at the Rengat District Court had differing considerations in the ruling on the citizen lawsuit. Judge Panel Member II rejected the case on the grounds that the defendant was a government body, and therefore, the appropriate court to handle this matter should be the State Administrative Court. However, the other judges accepted the lawsuit, as the Chief Judge and Judge Panel Member I partially agreed to hear the case. Their reasoning was that the defendant had committed an unlawful act (onrechtmatige daad) and that judges are obligated to examine and explore the law in adjudicating the case. The ruling declared that PT. Sanling Sawit was proven to have committed an unlawful act (onrechtmatige daad), resulting in harm to the community.

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