PENURUNAN FUNGSI LINGKUNGAN DALAM WILAYAH IZIN USAHA PERTAMBANGAN SEBAGAI UNSUR KESALAHAN KORPORASI (Studi Kasus Putusan Mahkamah Agung Nomor 5246 K/PDT/2024 Tentang Perbuatan Melawan Hukum)

This study aims to analyze the judicial considerations in the Supreme Court Decision Number 5246 K/PDT/2024 concerning unlawful acts committed by a mining corporation due to the failure to conduct post-mining reclamation, which resulted in the degradation of environmental functions. The main issues examined include how corporate fault can be legally established in the context of environmental violations, and how the principle of judicial passivity is applied in environmental cases. This research employs normative legal methods, using a case law approach and statutory approach. The findings reveal that the Supreme Court recognized the corporation's unlawful act based on its negligence in fulfilling its reclamation obligations, thereby violating its environmental responsibilities. The decision emphasized the importance of the precautionary principle and in dubio pro natura as legal foundations in resolving environmental disputes. It also demonstrated that the principle of judicial passivity may be set aside in matters involving public interest and environmental protection. Additionally, the Court upheld the legal standing of environmental organizations, reinforcing their role in environmental law enforcement. This ruling serves as a significant legal precedent in determining corporate accountability in the mining sector and provides a foundation for enforcing ecological justice in Indonesia.
Keywords: Mining, unlawful act, reclamation, corporate responsibility, supreme court decision.