Position Article 88 Of Law Number 32 Year 2009 Concerning Environmental Protection And Management Regarding Strict Liability Against Criminal Actors Of Destruction And/or Environmental Pollution (Decision Of PT. Palembang Number: 51/PDT/2016/PT.Plg)

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Position Article 88 of Law Number 32 Year 2009 concerning Environmental Protection and Management Regarding Strict Liability Against Criminal Actors of Destruction and/or Environmental Pollution (Decision of PT. Palembang Number: 51/PDT/2016/PT.Plg)

Introduction

The issue of environmental destruction, particularly forest and land fires, has become a pressing concern in Indonesia. The consequences of such incidents are far-reaching, affecting not only the environment but also the community and the economy. In this context, the application of absolute accountability theory or strict liability is crucial in holding perpetrators accountable for their actions. This article will discuss the position of Article 88 of Law Number 32 Year 2009 concerning Environmental Protection and Management, as well as its implications for the actions of the perpetrators of criminal acts of destruction and environmental pollution.

The absolute principle of accountability in Law No. 32 of 2009

Understanding the Concept of Strict Liability

Strict liability is a legal principle that holds individuals or entities accountable for their actions, regardless of whether they were negligent or not. In the context of environmental protection, strict liability is particularly relevant in cases where the actions of individuals or entities have a significant impact on the environment. Article 88 of Law Number 32 Year 2009 regulates strict liability, allowing law enforcement to hold actors accountable for environmental damage without having to prove negligence or error.

Key Provisions of Article 88

Article 88 of Law Number 32 Year 2009 provides that individuals or entities that cause environmental damage can be held liable, regardless of whether they were negligent or not. This provision is significant, as it provides a clear and straightforward approach to holding perpetrators accountable for their actions. The article also provides that the burden of proof lies with the perpetrator, who must demonstrate that they took all necessary precautions to prevent environmental damage.

Application of the principle of strict liability in the case of PT. Bumi Mekar Hijau

Case Analysis

The case of PT. Bumi Mekar Hijau is a striking example of the application of strict liability in environmental protection. The company's concession area was the site of a devastating forest fire, which had a significant impact on the environment and the community. The Palembang High Court Decision Number: 51/PDT/2016/PT.PLG shows that the principle of accountability can absolutely be applied in cases of forest burning involving PT. Bumi Mekar Hijau. This happens because the impact caused by the fire not only affects the environment but also has a broad impact on the community and the country.

Implications of the Decision

The decision of the Palembang High Court has significant implications for the actions of the perpetrators of criminal acts of destruction and environmental pollution. The application of strict liability in this case demonstrates that individuals or entities can be held accountable for their actions, regardless of whether they were negligent or not. This approach provides a deterrent effect for perpetrators and increases the protection of the environment.

Conclusion

In conclusion, the application of the principle of absolute accountability in Article 88 of Law Number 32 of 2009 is very relevant in handling cases of environmental destruction, including burning forests and land. With this approach, it is expected to provide a deterrent effect for the perpetrators and increase the protection of the environment. It is essential for all parties, especially companies, to realize their responsibilities in preserving the environment for the sake of the survival of society and the nation.

Recommendations

Based on the analysis of the case of PT. Bumi Mekar Hijau, the following recommendations can be made:

  • Strengthening of Environmental Laws: The government should strengthen environmental laws to provide a clear and straightforward approach to holding perpetrators accountable for their actions.
  • Increased Public Awareness: Public awareness of the importance of environmental protection should be increased to prevent environmental destruction.
  • Improved Enforcement: Law enforcement agencies should improve their enforcement of environmental laws to prevent environmental destruction.

Future Directions

The application of strict liability in environmental protection is a crucial step towards preventing environmental destruction. Future research should focus on the following areas:

  • Development of Environmental Laws: The development of environmental laws should be prioritized to provide a clear and straightforward approach to holding perpetrators accountable for their actions.
  • Improved Enforcement: Law enforcement agencies should improve their enforcement of environmental laws to prevent environmental destruction.
  • Increased Public Awareness: Public awareness of the importance of environmental protection should be increased to prevent environmental destruction.

Conclusion

In conclusion, the application of the principle of absolute accountability in Article 88 of Law Number 32 of 2009 is very relevant in handling cases of environmental destruction, including burning forests and land. With this approach, it is expected to provide a deterrent effect for the perpetrators and increase the protection of the environment. It is essential for all parties, especially companies, to realize their responsibilities in preserving the environment for the sake of the survival of society and the nation.
Frequently Asked Questions (FAQs) on Position Article 88 of Law Number 32 Year 2009 concerning Environmental Protection and Management Regarding Strict Liability Against Criminal Actors of Destruction and/or Environmental Pollution

Q: What is the purpose of Article 88 of Law Number 32 Year 2009?

A: The purpose of Article 88 of Law Number 32 Year 2009 is to regulate strict liability, which allows law enforcement to hold actors accountable for environmental damage without having to prove negligence or error.

Q: What is strict liability?

A: Strict liability is a legal principle that holds individuals or entities accountable for their actions, regardless of whether they were negligent or not. In the context of environmental protection, strict liability is particularly relevant in cases where the actions of individuals or entities have a significant impact on the environment.

Q: What are the key provisions of Article 88?

A: The key provisions of Article 88 include:

  • Holding actors accountable: Article 88 provides that individuals or entities that cause environmental damage can be held liable, regardless of whether they were negligent or not.
  • Burden of proof: The burden of proof lies with the perpetrator, who must demonstrate that they took all necessary precautions to prevent environmental damage.

Q: What is the significance of the Palembang High Court Decision Number: 51/PDT/2016/PT.PLG?

A: The Palembang High Court Decision Number: 51/PDT/2016/PT.PLG is significant because it demonstrates the application of strict liability in cases of forest burning involving PT. Bumi Mekar Hijau. The decision shows that the principle of accountability can absolutely be applied in cases of forest burning, regardless of whether the perpetrator was negligent or not.

Q: What are the implications of the decision?

A: The implications of the decision are:

  • Deterrent effect: The decision provides a deterrent effect for perpetrators, as they can be held accountable for their actions, regardless of whether they were negligent or not.
  • Increased protection of the environment: The decision increases the protection of the environment, as it provides a clear and straightforward approach to holding perpetrators accountable for their actions.

Q: What are the recommendations for strengthening environmental laws?

A: The recommendations for strengthening environmental laws include:

  • Strengthening of environmental laws: The government should strengthen environmental laws to provide a clear and straightforward approach to holding perpetrators accountable for their actions.
  • Increased public awareness: Public awareness of the importance of environmental protection should be increased to prevent environmental destruction.
  • Improved enforcement: Law enforcement agencies should improve their enforcement of environmental laws to prevent environmental destruction.

Q: What are the future directions for research?

A: The future directions for research include:

  • Development of environmental laws: The development of environmental laws should be prioritized to provide a clear and straightforward approach to holding perpetrators accountable for their actions.
  • Improved enforcement: Law enforcement agencies should improve their enforcement of environmental laws to prevent environmental destruction.
  • Increased public awareness: Public awareness of the importance of environmental protection should be increased to prevent environmental destruction.

Q: What is the conclusion of the article?

A: The conclusion of the article is that the application of the principle of absolute accountability in Article 88 of Law Number 32 of 2009 is very relevant in handling cases of environmental destruction, including burning forests and land. With this approach, it is expected to provide a deterrent effect for the perpetrators and increase the protection of the environment. It is essential for all parties, especially companies, to realize their responsibilities in preserving the environment for the sake of the survival of society and the nation.