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VOL. 5, ISSUE 2 (2023)
The application of strict liability principles in environmental damage cases by pt. Kalista alam
Authors
Rahmat Nurhidayat, Teuku Ahmad Yani, Efendi
Abstract
Based on pasal 88 UUPPLH, environmental pollution carried out by the activities
both of a corporation or juridically do not need to be proven that there is an
element of guilt on the part of the perpetrator of environmental damage (the
defendant). However, in reality in resolving environmental pollution cases,
judges still ask the plaintiff to prove the guilt of the defendant. So, this is
not in accordance with the provisions of pasal 88 UUPPLH. This study aims to
explain and analyze the application of the principle of strict liability by
judges in deciding cases of environmental damage committed by PT. Kalista Alam.
The type of research used is empirical legal research, using legal sociology
and legal anthropology approaches. Data was collected through field research by
interviewing respondents and informants. The results of the study show that the
judges have not applied the principle of strict liability in decisions on
environmental damage cases by PT. Kalista Alam. This can be seen in his legal
considerations, the judge still focuses on the existence of an element of error
that must be proven by the plaintiff.
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Pages:59-63
How to cite this article:
Rahmat Nurhidayat, Teuku Ahmad Yani, Efendi "The application of strict liability principles in environmental damage cases by pt. Kalista alam". International Journal of Law, Policy and Social Review, Vol 5, Issue 2, 2023, Pages 59-63
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