LITIGASI KENEGARAAN ATAS PERBUATAN MELAWAN HUKUM PEMERINTAH DALAM PENANGANAN KASUS LUMPUR LAPINDO

Abstract

The Lapindo Mudflow incident was one of the largest environmental disasters in Indonesia, resulting in widespread social, economic, and legal impacts. In addition to raising corporate responsibility, the case also raises questions regarding government accountability in oversight, victim management, and recovery policies. This study aims to analyze the government's position as a legal subject in state litigation, examine whether government actions and/or omissions can be classified as unlawful acts, and identify the forms of government accountability in handling the Lapindo Mudflow case. The research method used is normative legal research with a statutory and conceptual approach. The results indicate that the government can be held accountable through state litigation mechanisms if proven to have committed actions or omissions that meet the elements of an unlawful act. This form of accountability includes involvement as a party to the dispute, administrative responsibility through policy, and the obligation to fulfill victims' rights. Therefore, the government is not immune from lawsuits and remains responsible for ensuring the protection of the rights of affected communities.