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Legal Framework
Legal basis of the establishment of shall get a lisence along with the Act
which governs it, that is Undang-Undang Lingkungan Hidup (UULH) Law on
Environment year 1982, Article 1 and article 2 and analysis regarding on the
impact of environment (Analisis Mengenai Dampak Lingkungan AMDAL) year
1993 in article 5 which stated the requirements on having the lisence on planning
the activities.
Discussion
The establishment of factories extremely affects the people who live in
society residence neighborhood, one of the example is in Sukabumu di Kecamatan
Gunung Guruh, Province of Jawa Barat. The local people refuse the establishment
of Cement Factory where the society believe that the establishment of the factory
causes air pollution and the result of waste of the factory which flow in the area of
society could threat the existence and the development of the environment nature
due to the factories create a dangerous and poisonous waste (Limbah Bahan
Berbahaya dan Beracun B3)
The distance of the Cement Factory in Kecamatan Gunung Guruh,
Sukabumi Regency, Province of Jawa Barat is very near from the residence of the
Society. It is only 2 until 4 meters. The furthest distance is only 100-300 meters.
This conditions is not ideal if the Cement Factories establish in the socity
residence neighborhood
Conclusion
It will be better if the establishment of the factories do not conducted if the
neighborhood of the socity reidence, but if the factories establish near from the
society resince it will make the people who live in the neigborhood will feel the
impact from tyhe activity of the operated factories. Further more, the
establishment of the factories shall get a lisence based on the Law which governs
it.
Conclusion
Many lessons can be drawn from the case of land disputes in Meruya PT
Portanigra as the developer made a mistake because it did not do the transaction
and purchase of land by the rules and not take care of the post-transaction
certificates. Through mistakes made by PT. Portanigra it is instructive that the
certificate is very important as a proof of land ownership. Residents Meruya also
make mistakes because they are not careful in buying land. Therefore, it is
important for us to know the status of land ownership and the conditions in detail.
Government agencies such as BPN and the Supreme Court also made a mistake in
taking the decision. BPN issue a certificate on the land dispute and the Supreme
Court ruled in favor of PT. Portanigra without considering the completeness proof
of ownership of the land owned by PT. Portanigra. In these conditions, the
Supreme Court only looked at the legal formalities between individuals or
communities with the land alone so that the decision is contrary to the public
sense of justice. Therefore, it is important for the government to make
improvements in government institutions.