The Use of the Strict Liability Principle by the Indonesian Courts in Solving Environmental Conflicts
H. Achmad Romsan, Abunawar Basyeban, Moh. Idris
H. Achmad Romsan
Available Online October 2019.
- https://doi.org/10.2991/iccd-19.2019.1How to use a DOI?
- Environmental disputes, environmental degradation, pollution, strict liability
- 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.
- Open Access
- This is an open access article distributed under the CC BY-NC license.
Cite this article
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 - https://doi.org/10.2991/iccd-19.2019.1 ID - Romsan2019/10 ER -