The Use of the Strict Liability Principle by the Indonesian Courts in Solving Environmental Conflicts

DOI

10.2991/iccd-19.2019.1How to use a DOI?

Keywords

Environmental disputes, environmental degradation, pollution, strict liability

Abstract

The inclusion of strict liability provision in the Indonesian EMAs has a long history. Since the enactment of the first EMA of 1982 up to the third EMA of 2009, there have been 45 community environmental disputes submitted to the District Court, but the Court verdicts have torn the sense of the people's justice. Furthermore, although the EMA has a provision on the strict liability principle, the Court has just applied the principle of strict liability. From the cases studied, the judges did not understand the strict liability principle. Lawyers, prosecutors, and judges do not comprehend this principle. In fact, the principle of strict liability can not be applied to all environmental disputes. For example, it is not applicable to pollution and environmental degradation. As a result, communities who are the victims of pollution and environmental degradation resulting from the industrial and palm activities are always in a weak position. Therefore, in the court trial, they are the looser. Under that condition, people will never get environmental justice as they expect from the existing environmental law. This paper discusses the development of the strict liability principle stipulated in the Indonesian Environmental Acts. In some cases, judges referred to that principle in solving environmental conflicts.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - H. Achmad Romsan
AU  - Abunawar Basyeban
AU  - Moh. Idris
PY  - 2019/10
DA  - 2019/10
TI  - The Use of the Strict Liability Principle by the Indonesian Courts in Solving Environmental Conflicts
BT  - Proceedings of the 6th International Conference on Community Development (ICCD 2019)
PB  - Atlantis Press
SP  - 1
EP  - 3
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccd-19.2019.1
DO  - 10.2991/iccd-19.2019.1
ID  - Romsan2019/10
ER  -