Tiopan, Demson and Kurniawan, Shelly and Pamungkas, Setioko Yudha (2021) Juridical Review of the Regulation and Application of Strict Liability Principles in the Enforcement of Environmental Law. International Journal of Business, Economics and Law,, 24 (6). pp. 60-64. ISSN 2289-1552
|
Text
1.3 Juridical Review of The Regulation and Application of Strict Liability Principles In The enforcement Of Enviromental Law.pdf Download (320Kb) | Preview |
|
|
Text
1.3 PR Juridical Review of the Regulation and Application of Strict Liability.pdf Download (1112Kb) | Preview |
Abstract
The environment is one of the most important things in human life. The quality of water, air, soil is greatly affected by the good state of the environment. Enforcement of environmental law in the PPLH Law can actually be done through several instruments, namely administrative, civil or criminal legal instruments where these three instruments are resolved through the court in the process of proof, in addition to the plaintiff and the defendant must follow the law of proof in general as stipulated in the HIR, but in the UUPLH regulates and opens the opportunity for the implementation of strict liability (strict / absolute accountability) related to the proof. Strict Liability frees up the burden of proof to prove the fault element (error) of the defendant. However, the plaintiff still has to prove the relationship of causal link that is that the loss suffered by the plaintiff is the result of the activities / actions of the defendant. so that the strict liability can be expanded application not only to the claim for damages in civil cases but can also be done in the legal protection of penal law, is expected with the integration of the law will be able to simplify the process of proving environmental crime by the corporation The research method is normative juridical that will dig from several secondary literature consisting of the Indonesian Constitution of 1945, Law No. 32 of 2009 on Protection and Management of the Environment Law No. 10 of 1997 on Electricity, books, journals and papers related to disputed election results.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Strict Liability, Enforcer, Environment |
| Subjects: | K Law > K Law (General) |
| Depositing User: | Perpustakaan Maranatha |
| Date Deposited: | 08 Dec 2021 22:06 |
| Last Modified: | 08 Dec 2021 22:06 |
| URI: | http://repository.maranatha.edu/id/eprint/28976 |
Actions (login required)
 |
View Item |
