Strict Liability Principles In Environmental Protection And Management Based On Act Number 11 Year 2020 Concerning Job Creation

Abstract

In Article 88 of Act Number 32-year 2009 concerning the Environmental Protection and Management, Strict Liability Principles known as a responsibility without having to prove a fault. However, since the enactment of Act Number 11-year 2020 concerning Job Creation which amends the provisions of Article 88 of Act Number 32-year 2009 by eliminating the phrase "without the need to prove a fault" creates an ambiguity. Where the removal of the phrase confuses the meaning of strict liability in this article. This research raises two issues: 1) Strict liability principles ini Article 88 of Act Number 32-year 2009 as amended in Article 22 Number 33 of Act Number 22-year 2020; (2) the implementation of strict liability principles in the enforcement of environmental law in Indonesia. This research is a type of normative legal research with a statutory approach, a conceptual approach, and a historical approach. The results showed that the removal of phrase "without the need to prove a fault” in Article 22 Number 33 of Job Creation Act is only a form of simplifying the provisions or clauses without reducing the nature or dignity of strict liability principles itself, namely responsibility without the need to prove a fault. The implementation of strict liability principles in the enforcement of environmental law in Indonesia is guided by Supreme Court Decision Number 36/KMA/SK/II/2013 concerning the Enforcement of Guidelines for Handling Environmental Cases. Where the defendant can file a defense by proving that he is innocent. If he is unable to prove that the fault was committed by a third party or due to a natural disaster, then the defendant is obliged to pay the compensation incurred.