TINJAUAN TANGGUNG JAWAB NEGARA ATAS KERUSAKAN LINGKUNGAN HIDUP AKIBAT PELEPASAN KAWASAN HUTAN GUNA PEMBANGUNAN PROYEK STRATEGIS NASIONAL

As a form As a form of implementation of the idea of "Nawacita" which departs from the weak national economic cycle, the government has good intentions by accelerating the development of strategic projects through the enactment of laws and regulations related to the ease of implementation, one of which is in the release of forest areas, namely, the Job Creation Law and Government Regulations related to the ease of national strategic projects and the implementation of forestry. In its implementation, the development of national strategic projects by releasing forest areas has resulted in negative impacts on the environment and local communities. This research aims to find out the mechanism for releasing forest areas for the development of national strategic projects in the legislation and how the state should be responsible for environmental damage caused by the release of forest areas based on applicable laws and regulations. The research method used in this research is normative juridical with statute approach and case approach. The results found that the mechanism for releasing forest areas for the development of national strategic projects is regulated in Permen LHK No. 7 of 2021 with the mechanism for releasing permanent production forest areas and convertible production forests. Then the state's responsibility is carried out based on the principle of strict liability by compensating the losses suffered by the community and restoring environmental functions by stopping the release of forest areas, conducting land remediation, forest rehabilitation and restoration of damaged ecosystems.