Revitalizing Strict Liability In Environmental Law Enforcement In Indonesia

Abstract

Strict liability is deviation to the concept of negligence as accountability without error and is one of the settlement enough dispute​ effective in the field environment , but change regulation legislation considered will influence and reduce the existence of strict liability, in addition to That various interpretation and application in justice own different interpretations . The purpose of the research This For know whether arrangement accountability absolute Already reflected in law enforcement in Indonesia. Research This use method study qualitative with approach concept , regulation legislation , and relevant case studies . Research results show that changes in strict liability in the PPLH Law to the Omnibus Law do not influence urgency from strict liability only just in the PP section of the Omnibus Law which is considered contradictory with the Omnibus Law, and several interpretation regarding strict liability is not appropriate If consider strict liability as proof of PMH and contains proof upside down , besides That a number of the verdict is also like PT Kalista Alam case , land contaminated oil in Riau, and the Case the spill oil in Balikpapan still use PMH lawsuit , requires proof scientific from lawsuit citizen law suit, and accountability without existence accountability together although There is connection causality between party One with other to the occurrence incident . So that can concluded that meaning the concept of strict liability still experience various interpretation in Indonesia is good from circles academics , regulations legislation , up to the realm of judiciary . Recommendations from the concept of strict liability stands alone and separated from lawsuit civil .