PENEGAKAN PRINSIP STRICT LIABILITY PADA KASUS HUKUM LINGKUNGAN DI INDONESIA (Studi Kasus Putusan Nomor 125/Pdt.G/2016/PN.Bjm Dan Putusan Nomor 139/PDT.G-LH/2016/PN Jmb)

Tumangger, Elfi Nola (2024) PENEGAKAN PRINSIP STRICT LIABILITY PADA KASUS HUKUM LINGKUNGAN DI INDONESIA (Studi Kasus Putusan Nomor 125/Pdt.G/2016/PN.Bjm Dan Putusan Nomor 139/PDT.G-LH/2016/PN Jmb). S2 thesis, Universitas Jambi.

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Abstract

This research aims: 1) to determine and analyze differences in enforcement of the principle of strict liability in the study of court decisions in Banjarmasin and in Jambi; 2) to find out and analyze the legal enforcement of the principle of strict liability in legal efforts at the appeal and cassation levels in environmental law cases in Jambi and Banjarmasin. The research method used in this writing is the normative legal research method and the approaches used are the conceptual approach, case approach, historical approach. Analysis of the legal materials used in this research was carried out by means of inventory, interpretation and systematics of legal norms related to the problem under study. The results of this research show that 1) In essence, to control environmental cases, it is necessary to uphold the principle of strict liability as regulated in Law Number 32 of 2009 Concerning Environmental Protection and Management. However, the current enforcement of the principle of strict liability creates inconsistencies in the consequences given to the destroyer/polluter who causes damage and pollution to the environment itself. Paying attention to the differences in the two decisions of the District Court in Jambi and in Palembang where land fires occurred, however, in the legal considerations of the Panel of Judges it is different, that in the decision of the Jambi District Court which stated that PT. Ricky Kurniawan Kertapersada is not guilty of committing an unlawful act because it was not proven that he legally set a land fire in the PT area. Ricky Kurniawan, however, the land fire that occurred was considered a force majeure; 2) Enforcement of the principle of strict liability cannot yet be said to be optimal as a form of resolving current environmental problems, especially in writing this thesis research, it also compares and describes the implementation of legal efforts carried out by the parties involved in the case in Jambi and in Banjarmasin, which are The parties have submitted objections to the decisions of the District Court, the Court of Appeal and the Cassation Service in the case of land fires in Jambi and Banjarmasin, disagreeing with both the legal considerations and the decision of the Panel of Judges to uphold the principles of strict liability. Keywords : Law Enforcement, Strict Liability Principles, Environmental Law

Type:	Thesis (S2)
Subjects:	A General Works > AI Indexes (General) Universitas Jambi (UNJA) > Fakultas Kedokteran dan Ilmu Kesehatan > A General Works > AI Indexes (General)
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Elfi Nola Tumangger
Date Deposited:	15 Mar 2024 07:22
Last Modified:	04 Jul 2024 08:33
URI:	https://repository.unja.ac.id/id/eprint/62093

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