Protection of Environment Rights through the Rebus Sic Stantibus Principle in Natural Resources Management Contract in Indonesia
Hengki Firmanda
Faculty of Law, Universitas Riau
Abstract
The study aims at analyzing the protection of the environment rights through rebus sic stantibus principle in the natural resources management contract. The data of this study are qualitative ones using normative legal research and used literature research. The rebus sic stantibus principle an agreement can be changed due to the occurrence of a fundamental change of circumstances. In the event of pollution and damage to environmental resulting from natural resources management contract, then the contract should be changed, provided that such changes should be accompanied by the restoration of the environment so that environmental rights are reserved. The natural resources management contract should provide equal footing between the parties and the environment in the contract, including in the event of a fundamental change of circumstances.
Keywords: Environmental Rights, Rebus Sic Stantibus Principle, Contract
Topic: Private / Contract Law