By Timur Abimanyu, SH.MH

PERSPECTIVE EFFECTS OF POLLUTION AS MUD LAPINDO SIDOARJOEVIDENCE ON THE ENVIRONMENT AND POLLUTION

ANALYSIS OF VARIOUS PROBLEMS

A. BACKGROUNDThere has been an overflow event Mud Lapindo Sidoarjo, Surabaya, East Java on 28th

May 2006, around 22:00, because of leakage of hydrogen sulphide gas (H2S) in the area of gas exploration fields TMMJ Rig # 01, at the location of the Panji company PT. Lapindo Brantas (Lapindo) Ronokenongo Village, Porong district, Sidoarjo regency. Where the gas leak is in the form of white smoke burst from the ground fractures, soaring about 10 meters. Shot of the gas discharge accompanied by mud and overflowing kelahan citizens. Hot mudflow in Sidoarjo district has yet to also be resolved. Shot of which eventually form pools of hot mud has devastated the livelihoods of local residents and surrounding areas. Compass edition of Monday (6/19/2006), reported that no less than 10 mills have closed, with 90 hectares of paddy fields and human settlements can not be used and occupied again, so did the milkfish ponds, not to mention the Surabaya-Gempol toll road that should be closed because all the hot mud flooded. Based on data obtained WALHI East Java, which recorded the number of refugees in New Porong Market location number 1110 Head of the Family with details of 4345 people and 433 Toddlers, Location Kedung Bendo number of displaced as many as 241 head of Family Life in 1111 and 103 Toddlers, Village Hall Location Ronokenongo some 177 head of the family with details of 660 inhabitants.

In case of overflow Mud Lapindo, has occurred also aspects of human rights violations (Human Rights), where PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for example, economic, social, and cultural, can not be imagined, the presence of thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and the economy of East Java hiccup. Until the reform era in 2009 on law enforcement over the Lapindo mudflow case never can be resolved peacefully. Ethics policy minus more advanced than the aspects of community justice. Of the various aspects that should be the sole responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, which includes aspects of human rights violations (Human Rights), law, politics, civil and criminal. The slow settlement of Lapindo mudflow case, WALHI seek the ways adopted by the people through Parliament (Public Inquiry), to ask for accountability of PT Lapindo Brantas Inc. from the case. In relation to the case, the Attorney General may be appointed to represent the victims of Lapindo Mud conduct demanded of PT Lapindo Brantas Inc., which is associated with environmental crimes and violations of multi-dimensional due to the hot mud. Through Public Inquiry (notice to the public) of the parties has the political responsibility and the law to give compensation to the Lapindo Mud case. Based on these phenomena is the author trying to pour the mind, and also provide the basic foundation

of how to think with applicable law, for the seekers of justice so that no one stepped in justifying attitude in asserting their rights are based on a sense of justice.

B. PURPOSE OF OBJECTIVEAnalyzing on the case of gas leakage along the hot mud flood is aimed to know in

depth with the intention of anyone in charge of the case in relation to the agency who had coordinated in terms of licensing, and there is an express statement in the examination conducted by the East Java Regional Police investigators on expert witnesses from BMG, claiming that there was an omission that is intentional Lapindo, as a result of a large impact on the environment and substantial losses to society which is the ecological disaster in Sidoarjo, Surabaya, East Java.

C. THEORY AND CONCEPTUAL FRAMEWORKFramework Theory and Concept, based on the definition HLAHART Stating: That

"the concept of a law that contain elements of power that centered on specific in legal symptoms appear from public life." And on "Corporate Crime", Sally S. Simpson stated "corporate crime is a type of white-collar crime". Meanwhile, Simpson, citing John Braithwaite, defines corporate crime as "conduct of a corporation, or employees acting on behalf of a corporation, the which is proscribed and punishable by law".Achmad Santosa: (Good Governance, Environmental Law: 2001) said, "corporate crime as provided for in articles 45 and 46 of Law No.23/1997 is the formulation of corporate crime as stipulated in the Dutch Criminal Code. So the corporation as a legal persoon, can be convicted based on Law No.23/1997. "

D. LEGAL BASISThe basic framework of the Act of 1945 Article 33 paragraph (3) that the Earth, water

and natural riches contained therein, that his command was assigned to the Republic of Indonesia, should be used for the greatest prosperity of the people, MPR IX/MPR/2001 116D and Description 116 E, and Government Regulation No.51 of 1993 on environmental impact analysis, PP. 51 of 1993 Ministerial Decree No. LH. 10 Th 1994 on environmental impact analysis (LH Ministerial Decree No. 11 Th, 1994, Ministerial Decree No. LH. 12 Th, 1994, Ministerial Decree No. LH. 13 Th, 1994, Ministerial Decree No. LH. 14 Th, 1994, Ministerial Decree No. LH. 15 Th 1994); Ministerial Decree No. LH. 42 Th, 1994, KEPKA BAPEDAL No. 056 of 1994, Ministerial Decree No. LH. 54 Th, 1995, Ministerial Decree No. LH. 55 Th, 1995, Ministerial Decree No. LH. 57 Th, 1995, Ministerial Decree No. LH. 39 Th 1996 and KEPKA BAPEDAL No. Technical Guidelines Review 299/BAPEDAL/11/1996 Social Aspects in the Preparation of Environmental Impact Assessment. B3 Waste (hazardous and toxic substances): PP. 19 Th, 1995, PP 12 Th 1994 on changes in PP. 19 Th 1994; WATER POLLUTION: PP RI. No. 20 Th, 1990, decree LH. No. 52/MENLH/101/1995 about Liquid Waste Quality Standard, LH decree. No. 58/MENLH/12/1995, Kepmen LH. No. 42/MENLH/101/1996 Kepmen LH. No. 43/MENLH/101/1996, and AIR POLLUTION: Kepmen LH. No. 35/MENLH/101/1993, Kepmen LH. No. Kep-13/MENLH/3/1995, Kepmen LH. No. 50/MENLH/11/1996.In Chapter IX, Act. 23, 1997 on Environmental Management, and has set criminal penalties (imprisonment and fines) to legal entities which perform pollution. Furthermore, in article 46 of Law No.23/1997 stated if a legal entity convicted of a crime, then the sanctions are imposed in addition to legal entity, nor against those who give orders or who become leaders in these

actions. And Presidential Instruction No. 1 / 1976 on the synchronization of tasks keagrariaan field with the field of forestry, mining, resettlement and public works, Law No. 11/1967. Location of BJP-1 well drilling, and Perda No.16 Sidoarjo regency in 2003.

E. RESEARCH METHODIn writing this paper, the authors use only primary data consisted of field studies of

materials due to the impact of pollution due to overflow of hot mud along with poison gas, as well as knowledge of the primary law is the law of products related laws governing the impact environmental pollution, which consists of the Basic Policy and Enforcement Policy of government policy in the run rule, and a piece reviews materials from the Web Site and other print media relating to the title of the paper mentioned above.

F. PROBLEM FORMULATIONThere are several problems that are often overlooked, in the application of laws to the

impact of pollution that Lapindo mudflow in practice has not fulfilled a sense of justice:1. Is that based on statutory provisions, against a legal person / company already considers

Vendor is unable to pay / insolvent can be released from the obligation to pay from those who harmed them?

2. If so to what extent the responsibility of government to seek solutions to problems of Lapindo mudflow victims, if you see the relevance of the Government Agency which has given permission to the company that drilled the gas?

3. Why the claim of Lapindo mudflow victims not through the Class Action lawsuit in this case represented by a foundation in the form of legal entity / Indonesian Consumer Protection Agency or the like? considering the Class Action lawsuit must be represented by A in the form of legal entity?

G. ASSUMPTIONSTemporary assumption of the writing of this paper is as follows:1. If overflow Lumpur Lapindo in Definition as natural disasters, then the damage was not

based on the existence of an activity around the site / object disasters, it is not caused by a disaster that occurred because of natural processes, but the overflow Lumpur Lapindo along with toxic gases is caused by lack of attention from the human heart, due to drilling activities, which should be the process of drilling in the workmanship shall be in accordance of what is contained within the proposed drilling activities through a detailed study and detailed as-details.

2. Drilling activities are conducted by a body of law which received permission from government agencies, and if the company can not pay/ bankruptcy through judicial procedures that states the company is declared bankrupt by a determination, then in this case the relevant Government should give permission (based on Proposal), must find a solution or way out for the life of people affected by the Lapindo mudflow disaster. Governments concerned, based on the basic policies and policy enforcement from Lumpur Lapindo case of overflow, and based on the basic policy and policy implementation has not been considered to carry out the mandate of the Act of 1945 and Law on Human Rights (International convention), which has put aside its own product namely the Law on the Environment (EIA) and other rules related to the disaster.

DEFINITIONS AND SCOPE OF THE ENVIRONMENT

Seeing the environmental phenomena that occur in Indonesia is as gifts and the grace of God Almighty to the people and the Indonesian nation, which is a space for life in all its aspects and the environment in harmony with the Archipelago, in order to efficiently utilize natural resources and to promote the general welfare as mandated by the Act of 1945, to achieve happiness of life based on Pancasila which need to be implemented in a sustainable development environment based on an integrated and comprehensive national policy taking into account the needs of today's generation and future generations. On the basis that this is, is necessary to implement environmental management to preserve and develop the capacity of the environment are harmonious and balanced in order to support the implementation of sustainable development environment, where the implementation of environmental management should be based on legal norms taking into account the level of community awareness and development global environment and international legal instruments relating to the environment as stipulated in Law no. 4 / 1982 on Basic Provisions for Environmental Management (State Gazette of 1982 No. 12, Supplement No. 3215) to achieve sustainable development goals Cq Law. 23 of 1997 on the Environment.

A. Understanding the EnvironmentDefinition of Environment according to Law No. 23 of 1997 is a unit of space with all

the objects, resources, circumstances and living creatures, including humans and behavior that affect the sustainability of livelihood and welfare of human beings and other living creatures, along with environmental management as an integrated effort to preserve the environmental functions, including policy arrangement , utilization, development, maintenance, restoration, monitoring and controlling the environment. Need to do sustainable development environment as the basis and planned effort, which integrates the environment including the resources into the development process to ensure capability, prosperity and quality of life of the present generation and future generations. Therefore, should the availability of global resources that are as environmental elements that consist of human resources, natural resources both living and non-biological and artificial resources.

And to take precautions against such contamination must see to it the environmental quality standard, which is a measure of the limits or levels of living creatures, substances, energy or components that exist or should exist / or elements of pollution which grace its presence in a particular resource as environmental elements. Where environmental pollution is the introduction of living creatures, substances or energy into another komponnen environment by human activities resulting in the quality drops to a certain level which causes the environment can not function in accordance with the allocation.

B. Background Before the occurrence of Case Lumpur Lapindo SidoarjoPrior to the Lapindo mudflow in Sidoarjo Surabaya, Sidoarjo ecosystems and

infrastructure are very good, where economic activities run smoothly. The environment surrounding the community sidoarjo arranged in accordance with the provisions of Law No. 23 of 1997 on the Environment. Economic welfare is very good although very slow, but towards food self-sufficiency, especially in the field of agribusiness in the area around Sidoarjo Surabaya walk lancer in accordance with mandated by the 1945 Constitution.

C. Scope of the Environment in Sidoarjo1. Instrumental approach.

Based on the principles, objectives and targets, where environmental management organized by the principle of State responsibility, the principle of sustainability, and aims to realize the principle benefits of sustainable development environment in order to complete development of the Indonesian and Indonesian community development all the faithful and devoted to God Almighty. Where everyone has the equal right to good environment and healthy and have the right to environmental information relating to the role in environmental management with the obligation to maintain the preservation of environmental functions as well as prevent and control pollution and environmental destruction in accordance with laws and regulations.On the basis of the need to conduct surveillance conducted surveillance against any business or activity by appointing officials who are authorized to conduct surveillance on the environment, in this case is the Central Government, Local Government and Regional Head, which was formed specifically by the Central Government. Local Government (Governor) is authorized to conduct coercive orders against the person in charge of activities to prevent and end the violation, as well as overcome consequences caused by a violation, to conduct rescue and authority can be submitted to the Regent / Mayor, where such violation can be sanctioned form of revocation of business licenses or activities. Meanwhile, to improve the performance of the business or activity in this case the Central Government encourages responsible for the business or activity to conduct an environmental audit (in this case the authority Meteri Environment). And to finish on the Environment can be reached through the courts or outside the court based on voluntary choice of the parties to the dispute, while the settlement of disputes outside the court does not apply to environmental offenses.

2. Natural Law approach.In the natural law approach can not be separated from the Forestry Law which regulates the rights of control over forests and forest products, which according to Law no. 5 / 1967 on Basic Provisions on Forestry (LN.8/1967, TLN. 2832), Forest is a field of trees that grow as a whole is a living natural living communion with the natural environment by the Government designated as a forest, industry, wood firewood, bamboo, rattan, the grass and the animals such as wildlife hunting, wildlife beautiful.Under Customary Law as the basis for the development of law, in holding the unification of law is not choosing the Customary Law as the main basis of development the new Land Law, which is consciously held entity which includes the institutions and elements, both contained in the Customary Law and the Law New / Legislation in force. In general, people see and interpret the Customary Law is only as positive law as law which is a series of legal norms, which become the handle together in public life. This is quite different from the norms of written law, which expressly stated deliberately by the Legislative Authority in the form of legislation, norms of customary law as an unwritten law are formulations of experts (legal) and judges. Formulations are based on the reality series on attitudes and behavior of members of indigenous peoples in implementing the concept and principles of law, which is a manifestation of the legal consciousness of citizens these customary laws in resolving concrete cases/impact of environmental pollution facing area of the environment.The basics of the explanation, very closely related to the Lapindo mudflow case is accompanied with a blast of poison gas in Sidoarjo Surabaya, East Java, in terms of the impact of environmental pollution that has destroyed ecosystems and infrastructure as well as harmful to society, enterprises and small large, which caused the overflow of activity around Mud Lapindo Sidoarjo become totally paralyzed.

D. Environmental Law Review Prior to Occurrence of overflow Lapindo Sidoarjo

Aspects of human rights violations (Human Rights), which according to WALHI, that PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for example, economic, social, and cultural and can not be imagined, where thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and the economy of East Java hiccup. Until the present moment, on law enforcement on the case of overflow Mud Lapindo never clear, minus the presence of political policies more advanced than the ethical aspects of public justice. Based on the observations of WALHI, from various aspects that should be the responsibility of PT Lapindo Brantas Inc./ PT Energi Mega Persada, covering aspects of human rights violations (Human Rights), law, politics, civil and criminal., Very slow settlement of Lapindo mudflow case, where WALHI will seek an act of public inquiry, which is an effort that will be pursued by the public through the House of Representatives, to ask for accountability of PT Lapindo Brantas Inc..

In connection with the issue, the Attorney General may be appointed as the state attorney to prosecute PT Lapindo Brantas Inc.. related to environmental crimes and violations of multi-dimensional effect of hot mud, which caused leakage of poisonous gas. There are several opinions about the cause of leaking gas is accompanied by eruptions of mud Lapindo: 1.Kasus melubernya leakage of gas and mud is not caused by the earthquake region of Jogjakarta, 2. Case of Lapindo, which is deliberate and make a big impact on the environment and society, which is the biggest ecological disaster in East Java, Lapindo gas 3.Semburan caused the outbreak of formations drilling, while drilling will be appointed to replace a series of drill suddenly jammed, so that gas can not fire pit out through the channel in a series of drill pipe and push it aside. Gas find a gap to get out, 4.Menyemburnya sludge hydrocarbons in oil wells which is a natural disaster, but because of lack of luck / negligence or because of lack of care and attention, 5.Bahwa hydrogen sulfide (H2S), which is 20 ppm ceiling imposed only company can be applied for workers, while not for people who inhale the gas, which is considered very dangerous for the human respiratory tract, 6. Lapindo mudflow is likely due to procedural errors which resulted in a blow out, 7. To earthquake in Yogyakarta Opak fault occurs because the shift is not related to the situation in Singapore, if it is true (Blow Out Prevenery / BOP) has been broken before the mud flow, if that were true then there has been a technical error in drilling which also means there has been errors on standard operating procedures, and 8. the presence of a weak zone is not anticipated Lapindo, a fault (fracture), which is now cracked geological structure drilling area in Porong resulting mudflow.

Impact Due to the Hot Mud overflow, resulting in many physical environment that is damaged, local residents are also disturbed health, causing respiratory infections and skin irritations, because the mud is also contained carcinogenic material if it accumulates in the body can cause serious illnesses such as cancer, reduced intelligence, which based on laboratory tests found the content of toxic substances and hazardous (B3) which exceeds the threshold. In mud samples and analyzed by a laboratory test the presence of phenol water quality hazardous to health and direct contact on the skin can make the skin such as burning and itching where the effects of systemic or chronic effects of phenol can be caused to enter the body through food.

Corporate crime, according to the Legal Foundation, which is in Chapter IX of the Act No. 23, 1997 on Environmental Management (Law No.23/1997), has set criminal

penalties (imprisonment and fines) to legal entities which perform pollution. Furthermore, in article 46 of Law No.23/1997 stated if a legal entity convicted of a crime, then the sanctions are imposed in addition to legal entity, nor against those who give orders or who become leaders in these actions. Corporate crime in the Indonesian legal system, as stipulated in Law No.23/1997 on the Environment.

Simpson said there are three main ideas of the definition Braithwaite on corporate crime. First, the illegal actions of the corporation and its agents are different from criminal behavior of lower socio-economic class in terms of administrative procedures. Therefore, classified corporate crime is not only a crime of criminal law, but also violations of civil and administrative law. Second, both the corporation (as "individual legal subject" legal persons ") and its representatives, including the perpetrators of crime (as illegal actors), in which the judicial practice, depending on among other crimes, rules and quality of evidence and prosecution. Third, the motivation corporate crimes are not aimed at personal gain, but rather on meeting the needs and achievement of organizational advantage. No cover possible motive is supported also by the operational norms (internal) and organizational sub-culture. Mas Achmad Santosa (Good Governance, Environmental Law: 2001) said , corporate crime as stipulated in articles 45 and 46 of Law No.23/1997 is the formulation of corporate crime as stipulated in the Dutch Criminal Code. So the corporation as a legal persoon, can be convicted based on Law No.23/1997.

According to him, the criminal liability (criminal liability) of corporate leadership (factual leader) and the command (instrumention giver), they can be subjected to punishment in unison. The sentence was not for any physical or real, but based on functions within a company upon him. In line with the PP. 85/1999 concerning the management of B3 waste. And from the aspect of violation of Human Rights (HAM), PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for example, economic, social, and cultural. Unable to imagine, that many thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and the East Java economy faltered, with the implementation of law enforcement on the Lapindo mudflow case never jelas.serta the existence of political policies more advanced than the minus ethical aspects of community justice. And in the aspect of material impact and should spikologis which are the responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, covering aspects of human rights violations (Human Rights), law, politics, civil and criminal.

Due to the impact of pollution, then it is proper for the Government of Indonesia must: 1.mengambil steps to close the PT Lapindo Brantas Inc., 2. by charging full responsibility in solving the problem of hot mud, PT Lapindo Brantas Inc. / PT Energi Mega Persada must guarantee fully the rights of victims and restoration of community life environmental damage caused hot mud, 3. consistent law enforcement officials in investigating aspects of environmental crimes committed by PT Lapindo Brantas Inc.., including shareholders, and request information from relevant parties, such as Minister of Energy and Mineral Resources (EMR) and BP Migas, 4. President of the Energy and Mineral Resources, Directorate General of Oil and Gas, and BP Migas, is responsible for ensuring completion of the hot mud problem without burdening the state budget and local, re 5.mengkaji all legislation relating to exploration and exploitation of mineral resources and put the safety and welfare aspects and safety and environmental sustainability as a priority first and foremost and perform the audit process of exploration and exploitation of oil and gas in dense residential areas to review the feasibility of these projects.

LAPINDO MUDFLOW METHOD AND FUNCTIONS OF LEGAL APPROACH

Lapindo Mud flood events caused by the negligence or human error, in making drilling disidoarjo, Surabaya, East Java.A Event Occurrence of overflow Lapindo Sidoarjo.

Overflow events Lapindo Sidoarjo Surabaya, East Java which occurred on May 28, 2006 approximately at 22:00, due to leakage of hydrogen sulfide gas (H2S) in the area of gas exploration fields TMMJ Rig # 01, at the location of the Banjar Panji company PT. Lapindo Brantas (Lapindo) Ronokenongo Village, Porong district, Sidoarjo regency. Where the gas leak is in the form of white smoke burst from the ground fractures, soaring about 10 meters. Shot of the gas discharge accompanied by mud and run over to the villagers' fields. Hot mudflow in Sidoarjo district has yet to also be resolved. Shot of which eventually form pools of hot mud has devastated the livelihoods of local residents and surrounding areas. Compass edition of Monday (6/19/2006) reports, no less than 10 mills have closed, with 90 hectares of paddy fields and human settlements can not be used and occupied again, so did the milkfish ponds, not to mention the toll road to Surabaya-Gempol closed due to all the hot mud flooded. Based on data obtained WALHI East Java, which recorded the number of refugees in New Porong Market location number 1110 Head of the Family with details of 4345 people and 433 Toddlers, Location Kedung Bendo number of displaced as many as 241 head of Family Life in 1111 and 103 Toddlers, Village Hall Location Ronokenongo some 177 head of the family with details of 660 inhabitants.

Lapindo Mud flood disaster based on the political aspect, which is the legality of business (exploration or exploitation), in which Lapindo had pocketed the profit-sharing contract business permit / production sharing contract (PSC) of the Government as the authority of the ruler's sovereignty over natural resources. Based on these points in relation to the case of the hot mudflow, the Indonesian government has long embraced the neoliberal economic system in a variety of policies, where all potential oil and gas mining and natural resources (NR) "sold" to private / individual (corporate based). Orientation in sich profit corporation which makes corporate management paradigm will blind other matters relating to environmental sustainability, improving the standard of living, even catastrophic ecosystem. In East Java alone, there were many cases of disaster caused lalainya the corporate rulers of oil and gas mining, as an example the case of a spillage of oil and gas sector in the district Suko, Tuban, owned by Devon Canada and Petrochina (2001); levels high enough hydro sulfidanya cause 26 farmers treated in the hospital. Then the case of crude oil spill (2002) for exploration Premier Oil.18, last exactly 2 months after the tragedy of Lapindo mudflow in Sidoarjo, oil wells Sukowati Campurejo Village, Bojonegoro on fire. As a result, thousands of residents around the oil wells Sukowati should be evacuated to avoid the threat of deadly gas. Parties Petrochina East Java, mimicking hand washing mode by Lapindo, said he did not know anything about the cause of the fire. Sale of the assets of the nation by their own government can not be separated from the question of ownership. In Capitalism and neoliberal economic perspective as above, the issue that dominated privatisasilah each case on the impact of environmental pollution.

B. As a result of pollution arising Impact overflow Mud Lapindo Sidoarjo.Impact Due to the Hot Mud overflow, resulting in many physical environment that

is damaged, local residents are also disturbed health, causing respiratory infections and skin irritations, because the mud is also contained carcinogenic material if it accumulates in the

body can cause serious illnesses such as cancer, reduced intelligence, which based on laboratory tests found the content of toxic substances and hazardous (B3) which exceeds the threshold. In mud samples and analyzed by a laboratory test the presence of phenol water quality hazardous to health and direct contact on the skin can make the skin such as burning and itching where the effects of systemic or chronic effects of phenol can be caused to enter the body through food.

In case of overflow Lumpur Lapindo can be regarded as a Corporate Crime, in accordance with Legal Foundation, where in Chapter IX of the Act No. 23, 1997 on Environmental Management (Law No.23/1997), has set criminal penalties (imprisonment and fines) to legal entities which perform pollution. Furthermore, in article 46 of Law No.23/1997 stated if a legal entity convicted of a crime, then the sanctions are imposed in addition to legal entity, nor against those who give orders or who become leaders in these actions. Corporate crime in the Indonesian legal system, as stipulated in Law No.23/1997 on the Environment. So also from the aspect of violations of Human Rights (HAM), which according to WALHI, that PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for example, economic, social, and cultural and can not be imagined, where thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and the economy of East Java hiccup. Until the present moment, against the enforcement of the Lapindo mudflow case still not clear, minus the presence of political policies more advanced than the ethical aspects of public justice.

Based on the observations of WALHI, from various aspects that should be the responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, covering aspects of human rights violations (Human Rights), law, politics, civil and criminal., Very slow settlement of Lapindo mudflow case, where WALHI will seek an act of public inquiry, which is an effort that will be pursued by the public through the House of Representatives, to ask for accountability of PT Lapindo Brantas In with assigning the Attorney General may be appointed as the state attorney to prosecute PT Lapindo Brantas Inc.. related to environmental crimes and violations of multi-dimensional effect of hot mud, which caused leakage of poisonous gas. There are several opinions about the cause of leakage of gas which is accompanied Lapindo mud eruptions that have been described above.

C. Function Of Law As a Social Impact of Pollution Control Lumpur Lapindo Sidoarjo.

Events Lapindo Sidoarjo mudflow caused by the absence of social controls and the lack of application of criminal sanctions against violations of due to the impact of environmental pollution is regulated by Law no. 23 of 1997, and relating to such issues as container Walhi observer who has the duty and function of the environment that should be more serious to observe phenomena that occur in Sidoarjo East Java Surabaya. Where the negligence that has occurred that caused the overflow of hot mud is already a duty of the government to implement the provisions of Law No.23 of 1997 on Environmental Management, Law No7/2004 about Dyaa Water Resources cq PP No.42/2008 on Water Resources Management and Law 24/2007 on Disaster Management ..It is an obligation of the Government relating to revitalize the victims and the impact of the Lapindo mudflow on the necessity of PT Lapindo to provide indemnity against loss suffered by the people and companies that were around the mudflow Sidoarjo, East Java Surabaya. Against a corporate crime can be prosecuted or subjected to criminal sanctions

and prosecution based compensation Act N0. 23 of 1997 on Lingkunga Life in article 29 paragraph 5, which is based on the results of the environmental audit as referred to in this paragraph is a document which is open to the public, as efforts to protect the public because it must be declared. Then in article 30 paragraph 1, 2 and 3 states to protect the civil rights of the parties to the dispute, with a view to preventing the occurrence of a different decision regarding an environmental dispute and to ensure legal certainty.

D. Penalties Penalty Claim Form and Criminal Penalties Civil and Administrative Penalties Against Legal Entities that have been Doing Negligence.

Availability aspect of violation of Human Rights (HAM) and in line with the PP. 85/1999 concerning the management of B3 waste, which was conducted by PT Lapindo Brantas Inc., either directly or indirectly, which has been detrimental to society in various ways, for example, economic, social, and cultural. Nothing can be imagined, thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and East Java's economy faltered. That is until now against the law enforcement on the case of overflow Mud Lapindo never any clarity. And against criminal liability (criminal liability) of corporate leadership (factual leader) and the command (instrumention giver), both can be subjected to punishment in unison. The sentence was not for any physical or real, but based on functions within a company upon him.

Looking at the data and the facts of violations of conspiracy in the acquisition of exploration permits, the government is not serious oversight to Lapindo, including the omission of the use of equipment and drilling technology that carelessly, predictive geological drilling wells BJP-1 a lot of erroneous so that the implementation of drilling deviated of planning, and cause of the mudflow that destroyed the fate of people who dealt extensively with the ways of injustice, then that event can be categorized as crimes against humanity as a form of gross human rights violations, with the expulsion of the population due to a conspiracy of oil and gas business management Brantas block it. Gross human rights violations that are formulated Article 9 letter d and e Law no. 26/2000 on Human Rights Court to determine: "Crimes against humanity as referred to in Article 7 letter b is one of the acts committed as part of a widespread or systematic attack he knew that the attack directed against any civilian population in the form: ... d . expulsion or forcible transfer of population; e. deprivation of liberty or the other deprivation of physical liberty arbitrarily in violation of (the principles) the provisions of international law; ... " Enforcement of Human Rights must understand the historical interpretation of Law. 26/2000, which of Rome Statute of the International Criminal Court (Rome Statute), which contains provisions concerning the very serious crimes (the most serious crimes), which then translates to `gross human rights violations' by Law no. 26/2000. But the Law makers. 26/2000 cut the sentence in the letter k article 7 paragraph (1) of the Rome Statute which determines the shape of other crimes, namely: "Other inhumane acts of a similar character intentionally great Causing Suffering, or serious injury to body or to mental or physical health" .

Settings sanctions against flood disaster hot Mud Lapindo Sidoarjo, which can be punishable as a regulated principal in the Law No. 23 of 1997 regulates the administrative sanctions in the form of sanctions is governed by Article 25 through Article 27 and Criminal sanctions stipulated by Article 41 through Article 48. And on administrative

sanction is imposed as punishment for perpetrators of violations against the environment, a form of revocation of business licenses / activities related to environment and result in the business / activity stops in total, with the obligation to restore back to the environment that has been contaminated or that have been destroyed akiban hot mudflow Sidoarjo hitherto unknown can be overcome.

While criminal sanctions as a punishment is a deliberate, negligence, omission or false information perform acts that cause pollution or destruction due to the threatened levee jebolnya imprisonment for at least 5 years or until as severe as 15 years or a fine of at- lack Rp.100.000.000, - or up to Rp. 500,000,000 - according to the level of abuse / neglect committed by the business environment in this case the relevant government. In accordance with the case of Lapindo hot mudflow, which in that case was as a result no legal basis and social terealisasikannya supervisory controls Lapindo mudflow impacts in relation to contamination of the environment, especially at institutions that have been given permission to the drilling disidoarjo.

Although it was clear the settings of the Act. 23 of 1997 concerning the environment that is as a legal umbrella to underlie all activities that impact the environment, which will surely have a negative impact on the lives of human, as well as on regulation of administrative sanctions and criminal sanctions.

E. Class Action Lawsuit In Effort to Implement the Prosecution Against PT.Lapindo in Sidoarjo

Actions Class Action Lawsuit in which he advanced the legal basis is Article 1365 Civil Code which states that "any unlawful acts, which bring harm to others, requires that any person whose fault publish losses, replace those losses."? For arguably the Unlawful Actions by Article 1365 Civil Code, an act must meet the following elements:1. The existence of tort.2. Any element of error.3. The presence of loss.4. A causal relationship which shows that the losses caused by faulty one.

There are elements in which an unlawful act against the law to meet the elements that are considered:1. Contrary to the rights of others.2. Contrary to its own legal obligations.3. Contrary to decency.4. Contrary to the necessity that must be heeded in the association community about other

people or objects.The elements are essentially an alternative means to fulfill that an unlawful act, not

to be fulfilled all the elements. If an act already meets one element only, then such actions can be considered as acts against the law. In this case, unlawful acts committed by the defendants is contrary to the rights of others and its own legal obligations. In connection with the case, many consumers feel disadvantaged communities with service quality issues. Regarding the issue of service quality, the Komparta has conducted research in the area of West Jakarta, North Jakarta, East Jakarta, South Jakarta and Central Jakarta. Of the five regions, the Komparta found that many consumers are harmed, particularly drinking water in the presence of various problems concerning the quality of service is not adequate. Second, technical problems also sometimes experienced by consumers.

Technical problems like leakage and also an indication of a problem it is also about the activities of the company's problem of drinking water was a lot of harm to the community or surrounding environment, for example in the question of planting pipe, excavation repair inaction. All the things that underlie that consumer society is a lot of the losses suffered during the services as well as the policies are carried out and also felt by the consumer society. Violates UUPKI? Responding to the lawsuit, the legal counsel of the defendants of their legal representatives and the Governor of DKI Jakarta DKI Jakarta DPRD judge that the lawsuit is filed Komparta NGOs do not meet the requirements established by the Consumer Protection Act (UUPK). Where the defendant's attorney argued his opinion on Article 46 paragraph (1) UUPK. Under this provision a lawsuit for breach of business can be done by (1) a consumer, (2) a group of consumers who have similar interests, (3) non-governmental consumer protection agency, and (4) the government or related agencies. Defendants agreed that the lawsuit Komparta can be categorized as a lawsuit filed by non-governmental consumer protection agency. However, such claims do not qualify for class-action lawsuit. According to Article 46 paragraph (1) letter UUPK, consumer organizations-governmental organizations (who filed the lawsuit) must be a legal entity or a foundation.

Based on the search the defendant, a new Komparta declared on March 21, 2003 and comprises 17 people, where the organization does have a management structure, statutes, and bylaws. But in terms of juridical, Komparta not signed a legal entity or foundation category. We found many new Komparta registered at the notary office in Jakarta. Sudaryatmo, YLKI Litigation Division, argued that the provisions of Article 46 above should be seen as an effort to lawmakers created the institution of good consumer organizations. Body representing the consumers have to really show their work so that qualifies as a representative konsumen.Seingat Sudaryatmo, the above provisions refer to similar provisions in the Netherlands. In consumer organizations representing consumers who sue must prove their work in real terms. Status of organization must include their activities in the field of consumer protection.

However, in the first interlocutory, the judge rejected the exceptions of the parties to these defendants, as well as the final verdict was read before the judges also rejected the exception of the material. The defendant argued in his defending that plaintiff should be posted to the Administrative Court, not to the District Court, so that ultimately the judges to grant the demands of the parties plaintiff, represented by NGOs such Komparta. In arrival connection with class action cases and also serve targeted above the Class Action case in Indonesia, such as Class Action lawsuit in the trial of 1965 victims. On hearing the class action victims of the new order in 1965 at the Central Jakarta District Court on Wednesday group of people who in the name of religious and nationalist groups. Sunarno, 71 years old ex-political prisoners currently a Research Institute of the Central Board Victims The events of 1965, stating only demanding their rights and do not want stuff. "We feel not guilty but was blamed for granted," he said. In addition, according to Sunarno arrival ex-political prisoners and detainees are in groups even from regions at the trial because they want to know The court will align the people who have never been declared wrong in court. "If one, yes, wrong, but let the courts decide later. Responding attitude mendomo group of people who claim the victims of atrocities that the new order, Sunarno can only wait." It's up to their rights, we respect the rights of people, so we appreciate, we are also entitled to file a lawsuit better respect the rights of each, "he said. And in concert with these words, Toga Tambunan expressed hope for their rights as citizens restored." We expect justice from the economic, social and cultural rights restored, at least we are equal with the general public in

legal matters, "he said. According to Toga, he was detained at the age of 13.5 years without ever tried and it was a great loss for someone who is in prison. "We're in prison but did not know what and who is doing this even though from a legal standpoint it should be the guilty are prosecuted," Actually crimes under Suharto's New Order is not just happening to people who called the PKI, but also against Muslims and groups that oppose the dictatorial and corrupt government.

In connection with these cases, the author cites the revelation of the Vice Chairman of the Supreme Court, in a briefing at the National Meeting of 2008 in Jakarta, On the authority of the State Administrative Court relating to the case of Class Action, where a lawsuit filed by several people representing the people many who feel their interests harmed by a decision issued by the official TUN. The lawsuit referred to was a class action (class action), but the problem is whether the dispute is a dispute arising from the issuance TUN decision. Where TUN decision, according to Article 1 paragraph 3 of Law No. 9 Year 2004 on Amendment Act. 5 Year 1986 concerning Judicial TUN, is a written determination issued by the Agency or Officer TUN containing legal action based on legislation in force, a concrete, individual and final, which creates legal effect to a person or body of civil law .

In essence, that the disputed decision TUN must be concrete, individual and final (Kif). In a class action, class representatives who filed the lawsuit not only to act for themselves but also members of numerous groups whose identity is yet unknown. While Article 53 paragraph (1) of Law No. 9 of 2004 clearly states that the plaintiff in a lawsuit must be a person or body of civil law who felt their interests harmed by a decision written determination TUN ie a concrete, individual and final. Decision individual TUN is a decision that is not intended to be public, but certain things well and the destination address. If the destination is more than one, then each and every name of people affected by decisions that must be mentioned. Based on that description, the class action is not possible at the Environment Court in the State Administrative Court (TUN).

Availability point of contact with the General Court, which is often a land certificate lawsuit filed by a person (who did not control the land dispute) who felt their interests harmed by the issuance of land certificates referred to in the name of another person. In a dispute over land title certificate Judges must be careful to really consider whether the dispute is a dispute over ownership of TUN or over the land that became the competence of the General Court to examine and disconnect. What should Judiciary TUN in examining and deciding a lawsuit about land titles, sticking to the provisions of Article 53 paragraph (2) of Law No. 9 of 2004 namely: a. Is the decision which was sued TUN (ic land certificate) contrary to the laws and regulations in force; b. Does that sued TUN decision contrary to general principles of good governance.

In this problem, judges should also pay attention to Article 2 of Law No. 9 of 2004, among others TUN decision which is an act of civil law referred to in the explanation of Article 2 letter a of Law No. 9 of 2004, not included in the definition TUN decision according to law. Legal Policies should be taken, on September 9, 2006, the President has signed a decree forming the National Response Team Mudflow in Sidoarjo, which includes mention team was formed to save people around the disaster site, maintaining basic infrastructure, and resolve the mudflow problem with risk smallest and the team environment led Muljono Basuki Hadi, Head of Research and Development Department pekerjan Umun, with directing team of ministers, given the mandate for six months and the entire cost for implementation of this national team duty charged on PT Lapindo Brantas.

Performed detention of suspects, East Java police have set up 12 suspects, namely 5 people of PT Medici Citra Nusantara, 3 people from PT Lapindo Brantas, 1 person from PT

Energi Mega Persada and PT 3 people from the Three Season Jaya. Season Three related Jaya PT Lapindo case because he is a provider of rig operator (drill). Where the suspect snared Article 187 and Article 188 of the Criminal Code and Law No 23/1997 Article 41 paragraph 1 and Article 42 concerning environmental pollution, the threat of 12 years in prison law, which automatically Act environmental pollution is already included corporate crimes for damaging the environment.

ANALYSING PROBLEMSA. Analyzing Internal Factors.

As an answer to the formulation of the problem that is internal factors, the authors tried to analyze legal issues / Companies which already considers the company can not pay / bankruptcy may be separated from the obligation to pay the aggrieved parties, if based on a court ruling in consideration that the PT. Lapindo is considered bankruptcy, but the PT. Lapindo is not free from obligation to continue giving compensation to the people and companies who suffered losses due to carelessness or negligence of the gas drilling activity. Because remember every ekplotasi of gas drilling has been done are definitive coverage of local and international insurance.

Related to the issue of accountability due to overflow Mud Lapindo, which should be responsible is in addition to PT. Lapindo, as well as the Local Government (Governor) and the Central Government, which must immediately find a solution or way out, as the reduction of pollution impact overflow Mud Lapindo, Sidoarjo. Which case the relevance of local or central government, in terms of granting licenses, which both policy-based economic and political policies, both internally is from a basic policy and implementation of policies of local governments and the Central Government. Because if we look at the provisions of Law no. 23 of 1997 which has been described above, which is responsible for providing compensation to victims of Sidoarjo hot mud flood is already a liability of legal entities or government agencies that have an impact on the environment pollution.

In relation to the Class Action lawsuit, represented by a foundation in the form of legal entity / Indonesian Consumer Protection Institute, based on the fundamentals of Psychological Science, Criminal Law and Civil Science, Politics, Law, Human Rights, Environment and view Philosophy of Law, where against Lapindo mudflow victims may be possible to do a Class Action lawsuit in this case represented by the Foundation / Board of Law who has received permission from the Government with the District Court by Stipulation. Judging from these cases that the Class Action lawsuit is considered the most effective way to resolve the case Lumpur Lapindo victims, because of the scientific aspects have been proven in compliance with various elements, which can be a basic demand / claim compensation for the victims of Lapindo mudflow Sidoarjo. By not apart from the criminal elements that can be charged penalty layered, such as the Crime of Violation of Human Rights, Corporate Crime fellow agencies, Environmental Pollution Crime, Corruption and so forth.

B. Analyzing External Factors. If to the realization that based on internal factors, not running properly in case of

replacement of loss of flood victims Lumpur Lapindo, Sidoarjo then the external factors which the views of the international community that on the application of legal system in Indonesia, yet can be said to ensure legal certainty. In view of the case which has clearly seen the existence of violations (in the internal factor) is a violation of Human Rights, Corporate Crime fellow agencies, Environmental Pollution Crime, Corruption. It can be

ascertained Negara Indonesia will get criticism from the international world because it does not run from what is already a result of the international convention. And of course there was going to make restless or doubts the existence of the foreign infestor to invest in Indonesia, because seeing that the laws in force in Indonesia can not guarantee the creation of legal certainty.

Final Discussion1. Environment as a gift and grace of God Almighty to the people and the Indonesian nation,

which is a space for life in all its aspects and its surroundings are in harmony with the Archipelago, in order to efficiently utilize natural resources and to promote the general welfare as mandated by the Act of 1945, which constituted and regulated in Law no. 4 / 1982 on Basic Provisions for Environmental Management (State Gazette of 1982 No. 12, Supplement No. 3215) to achieve sustainable development goals Cq Law. 23 of 1997 on the Environment.

2. Before the flood Mud Lapindo Sidoarjo, Surabaya, ecosystems and infrasutruktur very well in Sidoarjo, in which economic activities run smoothly. The environment surrounding the community sidoarjo arranged in accordance with the provisions of Law No. 23 of 1997 on the Environment. Economic welfare is very good although very slow, but towards food self-sufficiency, especially in the field of agribusiness in the area around Sidoarjo Surabaya runs smoothly in accordance with mandated by the 1945 Constitution.

3. After the occurrence of overflow events Mud Lapindo Sidoarjo Surabaya, East Java, where the date May 28, 2006, at around 22:00 a leak of hydrogen sulfide gas (H2S) in the area of gas exploration fields TMMJ Rig # 01, the location of the Banjar Panji company PT. Lapindo Brantas (Lapindo) Ronokenongo Village, Porong district, Sidoarjo regency. Gas leaks in the form of white smoke burst from the ground fractures, soaring about 10 meters. Shot of the gas discharge accompanied by mud and run over to the villagers' fields and hot mud flow that has yet to also be resolved. Shot of which eventually form pools of hot mud has devastated the livelihoods of local residents and surrounding areas that is not less than 10 mills have closed, 90 hectares of paddy fields and human settlements can not be used and occupied again, as well as ponds appeal and forth. And to the data obtained that the presence of refugees in New Porong Market location number 1110 4345 Head of the Family with details of 433 souls and Toddlers, Location Kedung Bendo number of displaced as many as 241 head of Family Life which consists of 1111 and 103 Toddlers, Village Hall Location Ronokenongo number 177 Head of the family with details of 660 inhabitants.

4. According to the environmental analysis, BAPPEDAL East Java, the Department of Environment and Mining Sidoarjo, and PT Lapindo Brantas Inc.., Mentioned that the mud that flooded more than 5 township residents containing phenol concentration that exceeds the threshold. For example, with a concentration in the water, 46mg / 1,50% of the population dead goldfish. In addition, phenol is toxic to aquatic plants, although the levels are minimal, can be broken down by micro-organisms and at this point, it can be dangerous if the sludge is discharged to the sea, because they contain phenol levels that exceed the normal limit is very vulnerable to human health.

5. Based on the instrumental approach, where environmental management organized by the principle of State responsibility, the principle of sustainability, and aims to realize the principle benefits of sustainable development environment in order to complete development of the Indonesian and Indonesian community development and devoted to all

who believe in God the Almighty Esa. Where everyone has the equal right to good environment and healthy and have the right to environmental information relating to the role in environmental management with the obligation to maintain the preservation of environmental functions as well as prevent and control pollution and environmental destruction in accordance with laws and regulations.

6. Based on the Natural Law approach, which is inseparable from the Forestry Law which regulates the rights of control over forests and forest products, which according to Law no. 5 / 1967 on Basic Provisions on Forestry (LN.8/1967, TLN. 2832), Forest is a field of trees that grow as a whole is a living natural living communion with the natural environment by the Government designated as a forest, industry, wood firewood, bamboo, rattan, rumpu the grass and the animals such as wildlife hunting, wildlife beautiful. Under Customary Law as the basis for the development of law, in holding the unification of law is not choosing the Customary Law as the main basis of development the new Land Law, which is consciously held entity which includes the institutions and elements, both contained in the Customary Law and the Law New / Legislation in force. In general, people see and interpret the Customary Law is only as positive law as law which is a series of legal norms, which become the handle together in public life.

7. Aspects of human rights violations (Human Rights), which according to WALHI, that PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for example, economic, social, and cultural and can not be imagined, where thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and the economy of East Java hiccup. Until the present moment, on law enforcement on the case of overflow Mud Lapindo never clear, minus the presence of political policies more advanced than the ethical aspects of public justice. Based on the observations of WALHI, from various aspects that should be the responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, covering aspects of human rights violations (Human Rights), law, politics, civil and criminal., Very slow settlement of Lapindo mudflow case, where WALHI will seek an act of public inquiry, which is an effort that will be pursued by the public through the House of Representatives, to ask for accountability of PT Lapindo Brantas Inc..

8. The presence of a Corporate Crime, in accordance with Legal Foundation, where in Chapter IX of the Act No. 23, 1997 on Environmental Management (Law No.23/1997), has set criminal penalties (imprisonment and fines) to legal entities which perform pollution. Furthermore, in article 46 of Law No.23/1997 stated if a legal entity convicted of a crime, then the sanctions are imposed in addition to legal entity, nor against those who give orders or who become leaders in these actions. Corporate crime in the Indonesian legal system, as stipulated in Law No.23/1997 on the Environment.

9. Criminal accountability (criminal liability) of corporate leadership (factual leader) and the command (instrumention giver), they can be subjected to punishment in unison. The sentence was not for any physical or real, but based on functions within a company upon him. In line with the PP. 85/1999 concerning the management of B3 waste. And from the aspect of violation of Human Rights (HAM), PT Lapindo Brantas Inc.. have been detrimental to society in various ways, for example, economic, social, and cultural. Unable to imagine, that many thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and the East Java economy faltered, with the implementation of law enforcement on the Lapindo mudflow case never jelas.serta the existence of political policies more advanced than the minus ethical aspects of community justice. And in the

aspect of impact and spikologis mateiil yng should be the responsibility of PT Lapindo Brantas Inc. / PT Energi Mega Persada, covering aspects of human rights violations (Human Rights), law, politics, civil and criminal.

10. Lapindo Mud flood disaster based on the political aspect, which is the legality of business (exploration or exploitation), in which Lapindo had pocketed the profit-sharing contract business permit / production sharing contract (PSC) of the Government as the authority of the ruler's sovereignty over natural resources. Based on these points in regard to the case of the hot mudflow, the Indonesian government has long embraced the neoliberal economic system in a variety of policies, where all potential oil and gas mining and natural resources (NR) "sold" to private / individual (corporate based). Orientation in sich profit corporation which makes corporate management paradigm will blind other matters relating to environmental sustainability, improving the standard of living, even catastrophic ecosystem.

11. Impact Due to the Hot Mud overflow, resulting in many physical environment that is damaged, local residents are also disturbed health, causing respiratory infections and skin irritations, because the mud is also contained carcinogenic material if it accumulates in the body can cause serious illnesses such as cancer, reduced intelligence, which based on laboratory tests found the content of toxic substances and hazardous (B3) which exceeds the threshold. In mud samples and analyzed by a laboratory test the presence of phenol water quality hazardous to health and direct contact on the skin can make the skin such as burning and itching where the effects of systemic or chronic effects of phenol can be caused to enter the body through food.

12. Lapindo Sidoarjo mudflow caused by the absence of social controls and the lack of application of criminal sanctions against violations of due to the impact of environmental pollution regulated by Law no. 23 of 1997, and relating to such issues as container Walhi observer who has the duty and function of the environment that should be more serious to observe phenomena that occur in Sidoarjo East Java Surabaya. Where the negligence that has occurred that caused the overflow of hot mud, which is already a duty of the government to implement ketentuann Act No.23 of 1997 on Environmental Management, Law No7/2004 about Dyaa Water Resources cq PP No.42/2008 on Water Resources Management and Law 24/2007 on Disaster Management.

13. Availability aspect of violation of Human Rights (HAM) and in line with the PP. 85/1999 concerning the management of B3 waste, which was conducted by PT Lapindo Brantas Inc., either directly or indirectly, which has been detrimental to society in various ways, for example, economic, social, and cultural. Nothing can be imagined, thousands of workers lost their livelihoods, community work productivity declined, thousands (even millions in the future) kids out of school is threatened, and East Java's economy faltered. That is until now against enforcement of the Lapindo mudflow case lupana kejelasnnya not go there. And against criminal liability (criminal liability) of corporate leadership (factual leader) and the command (instrumention giver), both can be subjected to punishment in unison. The sentence was not for any physical or real, but based on functions within a company upon him.

14. Sanctions against punishment for perpetrators disaster arrives that causes Lapindo hot mudflow Sidoarjo, which can be punishable as a regulated principal in the Law No. 23 of 1997 regulates the administrative sanctions in the form of sanctions is governed by Article 25 through Article 27 and Criminal sanctions stipulated by Article 41 through Article 48. And on administrative sanction is imposed as punishment for perpetrators of violations against the environment, a form of revocation of business licenses / activities related to environment and result in the business / activity stops in total, with the obligation of

restoring the environment is polluted or have been destroyed akiban hot mudflow Sidoarjo which until now has not been able to overcome.

15. Criminal sanctions, as a punishment is carried out intentionally, negligence, omission or false information perform acts that cause pollution or destruction due to the threat jebolnya responsibility imprisonment for at least 5 years or until as severe as 15 years or a fine of at least USD .100.000.000, - or up to Rp. 500,000,000 - according to the level of abuse / neglect committed by the business environment in this case the government terait. In accordance with the case of Lapindo hot mudflow, which in this case is as terealisasikannya causes no legal basis for social control and monitoring of the impact of Lapindo mudflow in relation to contamination of the environment, especially on terkaita agency which has given license to these disidoarjo drilling.

16. Class Action Lawsuit in which he advanced the legal basis is Article 1365 Civil Code which states that "any unlawful acts, which bring harm to others, requires that any person whose fault issue of loss, to replace those losses. For arguably the Unlawful acts under article 1365 Civil Code, an act must meet the following elements: 1. The act against the law, 2. There is an element errors, 3. The existence of losses, and 4. The existence of a causal relationship which shows that the losses caused by faulty one. There are elements against the law in which an act is against the law to meet the elements that are considered: 1. Contrary to the rights of others, 2. Contrary to the obligations of its own law, 3. Contrary to the decency and 4. Contrary to the necessity that must be heeded in the association community about other people or objects.

17. The elements that are alternative means to fulfill that an unlawful act, not to be fulfilled all the elements. If an act already meets one element only, then such actions can be considered as acts against the law. In this case, unlawful acts committed by the defendants is contrary to the rights of others and its own legal obligations. In connection with the case, many consumers feel disadvantaged communities with service quality issues.

18. In connection with TUN decision, the disputed must be concrete, individual and final (Kif). In a class action, class representatives who filed the lawsuit not only to act for themselves but also members of numerous groups whose identity is yet unknown. While Article 53 paragraph (1) of Law No. 9 of 2004 clearly states that the plaintiff in a lawsuit must be a person or body of civil law who felt their interests harmed by a decision written determination TUN ie a concrete, individual and final. Decision individual TUN TUN is a decision that is not intended to be public, but certain things well and the destination address. If the destination is more than one, then each and every name of people affected by decisions that must be mentioned. Based on that description, the class action is not possible at the Environment Court in the State Administrative Court (TUN).

19. Availability point of contact with the General Court, which is often a land certificate lawsuit filed by a person (who did not control the land dispute) who felt their interests harmed by the issuance of land certificates referred to in the name of another person. In a dispute over land title certificate Judges must be careful to really consider whether the dispute is a dispute over ownership of TUN or over the land that became the competence of the General Court to examine and disconnect. TUN justice in examining and deciding a lawsuit about land titles, sticking to the provisions of Article 53 paragraph (2) of Law No. 9 of 2004 namely: a. Is the decision which was sued TUN (ic land certificate) contrary to the laws and regulations in force; b. Does that sued TUN decision contrary to general principles of good governance.

20. The internal factors, that the legal entity / company already considers Vendor is unable to pay / insolvent can be released from the obligation to pay the aggrieved parties, if based on

a court ruling in its consideration that the PT. Lapindo is considered bankruptcy, but the PT. Lapindo is not free from obligation to continue giving compensation to the people and companies who suffered losses due to carelessness or negligence of the gas drilling activity. And terhadapa Class Action lawsuit, represented by a foundation in the form of legal entity / Indonesian Consumer Protection Institute, based on the fundamentals of Psychological Science, Criminal Law and Civil Science, Politics, Law, Human Rights, Environment and views of Philosophy of Law, where against Lapindo mudflow victims may be possible to do a Class Action lawsuit in this case represented by the Foundation / Board of Law who has received permission from the Government with the District Court by Stipulation.

21. By external factors, to the reimbursement of loss to the flood victims Lumpur Lapindo, Sidoarjo, it will bring negative impact because of the international world view associated with the view of the Lapindo mudflow case that until the present time still not be resolved either in bursts or recover case of loss to the victims of the Lapindo mudflow.

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Lynn A. Stout, Op.cit, hal 615.lihat juga Marvin G. Pickholz dan Edwar B.Horahan III, “The SEC’s Version of the Efficient Market Theory and Its Impact on Securities Law Liabilities”,Washington and Lee Law Review.(Vo;.39, 1982).

------------ Lapindo Press Release, 15 Juni 2006.Lumpur, Kesengajaan ataukelalaian?, http:// www.walhi. or.id/ kampanye/ cemar/

industri/060719_lumpur_li/Marc I. Steinberg, I. Understanding Securities Law, Second Edition, (New York, San Fransisco

: Matthew Bender & Co.Inc, (1996).------------ Marcilinus, anggota Ikatan Ahli Geologi Indonesia.N. Lapolwa dan Daniel S. Kuswandi, “ Akintansi Bank”, Lembaga Pengembangan Perbankan

Indonesia,Jakarta,1993. Pandu Suharto, “ Sejarah Pendirian Bank Perkreditan Rakyat”, LPPI, Jakarta 1988.

Prof.DR.H.Zainuddi Ali, MA, Sosiologi Hukum. Penerbit : Yayasan Mayarakat Indonesia Baru. Palu, Hal. 2.

Prasetiamartati, B. Potensi Komunitas dalam Pengelolaan Ekosistem Terumbu Karang: Menilik Kasus Pulau Tambolongan, Sulawesi Selatan. INOVASI Vol.6/XVIII/Maret 2006.

Seminar Hukum adat dan Pembangunan Hukum Nasional. Lembaga Pembinaan Hukum Nasional Departemen Kehakiman, Yogyakarta Tahun 1975 “ Hukum Adat adalah hokum aslinya golongan rakyat pribumi, yang merupakan hukum yang hidup dalam bentuk tidak tertulis dan mengandung unsure-unsur nasional yang asli, yaitu sifat kemasyarakatan dan kekeluargaan, yang berdasarkan keseimbangan serta diliputi oleh suasana keagamaan “

Saptariani, N. Potret Perspektif Keadilan Gender dalam Pengelolaan SDA di Indonesia. Jurnal Perdikan.

Soejono Soekanto, Mengenai Sosiologi Hukum, Bandung, PT. Citra Bakti, 1989.Teguh Pudjo Mulyono, “Anlisis Laporan Keuangan untuk Perbankan”, Penerbit Djambatan , Jakarta, 1999.

---------- Surya, Tgl 10 Juni 2006, iit/ant.---------- Undang-Undang No. 23 Tahun 1997 tentang Lingkungan Hidup.Undang-Undang No. 24 Tahun 1992 Pasal 1 angka 1 : “menyatakan : Ruang adalah wadah

yang meliputi ruang daratan, ruang lautan dan ruang udara sebagai satu kesatuan wilayah tempat manusia dan makhlik lainnya hidup dan melakukan kegiatan serta memelihara kelangsungan hidupnya”.

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