Implementation of the polluter pays principle in the settlement of soil pollution disputes

Abstract

Background: The Polluter Pays Principle (PPP) is a fundamental principle of environmental law that requires polluters to bear the costs of pollution prevention, mitigation, and environmental restoration. Despite its recognition in Indonesian environmental governance, the implementation of this principle remains inconsistent in resolving soil pollution disputes. Method: This study aims to examine the implementation of the Polluter Pays Principle in environmental disputes involving PT X. The research employs a normative juridical approach supported by a case analysis of two judicial decisions concerning soil contamination caused by hazardous and toxic (B3) waste. Findings: The findings indicate that although PT X has significantly contributed to Indonesia's crude oil production, its operations have also resulted in soil contamination that adversely affected surrounding communities. Analysis of the dispute reveals that compensation was only partially awarded, while environmental restoration costs accounted for merely 12% of the agreed settlement. The study further identifies both normative and procedural barriers to the effective implementation of the Polluter Pays Principle, including the absence of explicit statutory regulation and the reliance on general legal provisions supplemented by technical government regulations. Conclusion: The study concludes that these structural limitations hinder comprehensive compensation and environmental restoration, thereby weakening environmental justice and the protection of affected communities' rights. Novelty/Originality of this article:  This research lies in its integration of normative legal analysis with judicial case evaluation to demonstrate how statutory gaps and procedural deficiencies jointly impede the effective implementation of the Polluter Pays Principle in Indonesia's soil pollution dispute resolution.