Jakarta, May 2023. Dr. Eddy M. Leks, Managing Partner of Jakarta-based law firm Leks&Co, has written an article titled “ Application of precautionary principle in environmental cases” published on Lexology.com the article discusses the application of the precautionary principle in environmental cases. The precautionary principle, outlined in the Law on Protection and Management of Environment, states that uncertainty about the environmental impact should not delay steps to minimize or avoid contamination or damage to the environment. It is also emphasized in a Supreme Court decree that decisions and actions should be based on complete information and documents to support their legality. The article highlights a case called Mandalawangi, where the application of the precautionary principle filled a legal vacuum in environmental law. The judges in the case considered three points: the seriousness and irreversibility of environmental damage, uncertainty of scientific evidence, and the cost-effectiveness of prevention efforts. The precautionary principle is regarded as an important principle in both Indonesian and international environmental law.
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