Urgency of Liability Insurance against Environmental Damage; Impact of Development and Use of Advanced Technology

Abstract

The development and development of the use of technology in an industry also has a negative impact on the environment. For example, the case of PT Merbau Pelalawan Lestari who was sentenced to pay a fine to the State of Rp. 16.2 Trillion because it has been proven to do illegal logging that damages the environment. Another case is the British company, Britist Petroleum, which suffered an offshore well explosion and because of this the total loss reached Rp. 1,194 Trillion. Repressive government actions for the above cases are by prosecuting and making decisions in favor of the interests of the environment and the interests of the local community. It will be a new problem if, the court ruling cannot be immediately executed, on the other hand environmental damage must be quickly restored. Finally, the State must act by providing assistance in the handling and recovery of damaged environments, such as the Lapindo mudflow case, Sidoarjo, East Java, Indonesia. In addition to repressive measures, the government has obliged industrial companies in certain fields to cooperate with insurance companies in terms of preventing environmental damage that may arise intentionally or unintentionally. But in practice insurance companies also experienced several obstacles related to the implementation of the agreement, monitoring up to payment of compensation. This is the focus of this research. So that it is hoped that the insurance company will get a formulation in making insurance agreements until the implementation of compensation payments. To answer this issue, researchers used doctrinal research methods; where this approach will still be guided by legislation and also legal concepts that have been made by legal experts and have been widely applied.