URGENSI JAMINAN KEPASTIAN HUKUM YANG ADIL BAGI PERUSAHAAN PENGANGKUTAN YANG BERITIKAD BAIK
Christopher Ryan Suryawijaya, Prof Dr. Tata Wijayanta, S.H., M.Hum
2024 | Tesis | S2 ILMU HUKUM JAKARTA
This research aims to find out and examine the conflict in the application of legal justice with legal certainty to shipping companies in illegal logging cases in court decision number 810/Pid.Sus/2019/PN Mks and civil law protection related to legal justice for shipping companies with good faith. This research was carried out using normative legal research supplemented by interviews with credible informants and library research type using secondary data which includes primary legal materials, secondary legal materials, and tertiary legal materials. Methods and tools for data collection in this research were carried out through library research and document study. Data analysis was carried out with a qualitative method.
The results of the research and discussion show that there is a conflict in the application of legal justice with legal certainty to TE Ltd as a shipping company in court decision number 810/Pid.Sus/2019/PN Mks. Civil law protection related to legal justice for shipping companies with good faith is still very lacking. Legal action that can be taken by the third party in court decision number 810/Pid.Sus/2019/PN Mks is by taking an extraordinary legal action namely a lawsuit against the decision from the third party (derdenverzet).
Conclusions of this research: 1) the conflict between legal justice and legal certainty in court decision number 810/Pid.Sus/2019/PN Mks can be seen from Article 78 paragraph (15) of Law Number 19 of 2004 concerning the Implementation of Government Regulations in Lieu of Law Number 1 of 2004 concerning Amendments to Law Number 41 of 1999 concerning Forestry, and 2) civil law protection related to legal justice for shipping companies with good faith is still very limited due to the lack of guaranteed protection of property rights in illegal logging cases. As for the suggestions of this research: 1) judges in handing down judgements should take considerations to the balance between legal justice and legal certainty so that not harming third parties, and 2) the provisions in Article 78 paragraph (15) of Law Number 19 of 2004 concerning the Implementation of Government Regulations in Lieu of Law Number 1 of 2004 concerning Amendments to Law Number 41 of 1999 concerning Forestry should be reviewed constitutionally at the Constitutional Court in order to guarantee legal protection for third parties with good faith.
Kata Kunci : Perlindungan Hukum, Keadilan Hukum, Kepastian Hukum, Perusahaan Pengangkutan / Legal Protection, Justice, Legal Certainty, Shipping Company