Status of the Principle Paying Principle in the Indonesian Legal System

Writing this article aims to identify and analyze the provisions of the 16th principle of the Rio Declaration on Environment and Development, namely the polluter pays principle as a form of state responsibility for environmental pollution. The polluter pays principle is a principle that is often stated in international declarations which are then included in international conventions and become principles of international environmental law. The first international instrument that refers to the polluter pays principle is the Organization for Economic Co-operation and Development (OEDC) 1872, which is an international economic organization founded by 34 countries in 1961, which aims to stimulate economic development and world trade. The application of the polluter pays principle as a risk from business actors conducting their business is regulated in the Regulation of the State Minister for the Environment of the Republic of Indonesia Number 13 of 2011 concerning Compensation for Environmental Pollution and/or Damage. Considerations for claims for environmental compensation are contained in the section weighing letters b and c which state that the amount of compensation due to environmental pollution and/or damage is determined based on an agreement between the disputing parties or a court decision. In the sustainable development of a country as a whole, environmental policies and economic policies are closely intertwined. In some countries, the principle that polluters pay is used as a legal tool to control an entity's environmental activity obligations. The principle of "polluter payment" has become popular in many countries of the world. In recent years, environmental issues have become a major concern for sustainable development in most countries. In the current context, scientific and systematic studies of the theoretical problem of the polluter pays principle, legal provisions reveal and apply the principle of following European legal provisions, from which solutions to improve environmental legislation and mechanisms for the effective implementation of this principle.