Analisis Yuridis Pertanggungjwaban Hukum Kebakaran Depo Pertamina Plumpang

Prasetya, Debora and Tjoneng, Arman (2023) Analisis Yuridis Pertanggungjwaban Hukum Kebakaran Depo Pertamina Plumpang. Innovative: Journal of Social Science Research, 3 (2). pp. 6623-6635. ISSN 2807-4238

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Abstract

The case that occurred at Pertamina Plumpang Depot caused the residents' settlements to burn down and resulted in casualties. The object that attracts the author's attention is the existence of residential settlements with the legality of the Building Permit around the Pertamina Plumpang Depot area issued by the DKI Jakarta Regional Government Agency. In this research, the author aims to explain the liability of the government and corporation in the Pertamina Plumpang Depot fire. Meanwhile, the method used in this research is normative juridical, namely by examining norms, rules, and laws and regulations with a case approach. The results of the author's research conclude that there are two responsibilities that must be upheld for the sake of legal certainty. Liability from the government side is about revocation of Building Permit because the Building Permit overlaps with Building Use Right owned by PT Pertamina Plumpang, and it should be included with proof of land ownership rights in applying for Building Permit. This causes the Building Permit issued by the local government of DKI Jakarta to be legally flawed. Liability from the corporate side is to provide compensation to the community around the Pertamina Plumpang Depot area which is materially and immaterially harmed based on article 1365 of the Civil Code and also the responsibility of a person whether it is directors or employees who have been negligent so as to cause an accident based on article 188 of the Criminal Code.

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