The Concept of Liability Without Fault in Environmental Dispute Resolution In Indonesia

This study aims to analyze the application of the concept of liability without fault in resolving environmental disputes in Indonesia, by highlighting the legal basis, implementation, and challenges faced. The method used is a conceptual approach to examine relevant regulations and court decisions in order to obtain legal clarity regarding absolute responsibility in environmental pollution cases. The results of the study indicate that although this principle has been regulated in Article 88 of UUPPLH No. 32 of 2009 and reinforced by various derivative regulations, its implementation still faces obstacles, especially in terms of law enforcement, supervision, and compliance of business actors in carrying out environmental restoration obligations. Therefore, it is necessary to strengthen regulations, increase the capacity of law enforcement officers, and implement environmental assurance mechanisms to ensure the effectiveness of liability without fault in environmental protection in Indonesia.

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Publication Details

Journal
Pemuliaan Keadilan
Published
2025-03-07
DOI
https://doi.org/10.62383/pk.v2i2.521
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

The Concept of Liability Without Fault in Environmental Dispute Resolution In Indonesia

I Ketut Kasta Arya Wijaya, I.A. Pradnyandari Pidada
Pemuliaan Keadilan
Legal and Policy Analysis in Indonesia
article

The Concept of Liability Without Fault in Environmental Dispute Resolution In Indonesia

I Ketut Kasta Arya Wijaya, I.A. Pradnyandari Pidada
article en

Abstract

This study aims to analyze the application of the concept of liability without fault in resolving environmental disputes in Indonesia, by highlighting the legal basis, implementation, and challenges faced. The method used is a conceptual approach to examine relevant regulations and court decisions in order to obtain legal clarity regarding absolute responsibility in environmental pollution cases. The results of the study indicate that although this principle has been regulated in Article 88 of UUPPLH No. 32 of 2009 and reinforced by various derivative regulations, its implementation still faces obstacles, especially in terms of law enforcement, supervision, and compliance of business actors in carrying out environmental restoration obligations. Therefore, it is necessary to strengthen regulations, increase the capacity of law enforcement officers, and implement environmental assurance mechanisms to ensure the effectiveness of liability without fault in environmental protection in Indonesia.

Pemuliaan KeadilanVol. 2(2)
Warmadewa University (ID)
Openalex Percentile: Top 92%
Legal and Policy Analysis in Indonesia
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