Daeli, Metafati (2025) PENERAPAN TANGGUNG JAWAB MUTLAK (STRICT LIABILITY) DALAM PENYELESAIAN PENCEMARAN LINGKUNGAN HIDUP BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 (Studi Kasus Putusan Pengadilan Negeri Surabaya Nomor 20/Pdt.G/LH/2024/PN Sby). S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.
210514327_Bab 0.pdf
File Pdf (891kB)
210514327_Bab 1.pdf
File Pdf (690kB)
210514327_Bab 2.pdf
Restricted to Registered users only
File Pdf (690kB)
210514327_Bab 3.pdf
File Pdf (382kB)
210514327_Lamp.pdf
File Pdf (614kB)
Abstract
Strict Liability is a form of liability that has long been recognized in civil law. The
principle of strict liability means that the element of fault does not need to be proven by
the plaintiff as a basis for compensation. This has been stipulated in Law Number 32 of
2009 concerning Environmental Protection and Management. This principle serves as a
lex specialis in lawsuits regarding unlawful acts. In Indonesia, strict liability is also
applied to certain environmental cases, meaning liability is applied selectively so that if
someone is sued under strict liability, they cannot present defenses as in liability based
on fault. However, a person can be released from the obligation to pay compensation if
they can prove that the pollution and environmental damage occurred due to natural
disasters or war, force majeure beyond human control, or actions of third parties that
caused the pollution and/or environmental damage. The purpose of this research is to
find out how strict liability is applied in the resolution of environmental disputes. This
research uses normative legal research, analyzing the judge’s considerations, using
data from literature studies, legislation, and court decisions. The results show that the
application of strict liability in lawsuits submitted to judges’ decisions has fulfilled the
elements contained in Article 88 of the Environmental Protection and Management Law
by committing environmental pollution using hazardous and toxic materials (B3) and
generating hazardous and toxic waste (B3 waste) as well as causing harm to the
environment.
| Item Type: | Thesis (S1) |
|---|---|
| Uncontrolled Keywords: | Environmental Pollution, Strict Liability, Court Rulings |
| Subjects: | Ilmu Hukum > Pertanahan, Pembangunan dan Lingkungan Hidup |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Date Deposited: | 28 Oct 2025 10:41 |
| Last Modified: | 28 Oct 2025 10:41 |
| URI: | https://repository.uajy.ac.id/id/eprint/34951 |
