PENEGAKAN HUKUM LINGKUNGAN TERHADAP AZAS MUTLAK “STRICT LIABILITY” DALAM PENGELOLAAN LINGKUNGAN HIDUP

Abstract

Basically the law in Indonesia has provided arrangements that allow the
application of this strict liability concept, however, it can not be denied because of
the various reasons already mentioned above, in practice the application of strict
liability is not easy. The principle of absolute liability (strict liability) is the
principle of legal liability (liability) that has developed long ago that started from
a case in England that is Rylands v. Fletcher in 1868. In this case the Court of
Appeals in the United Kingdom established a defining criterion that an activity or
use of resources may be subject to strict liability if such use is non-natural or
outside the usual, or unusual. Conventional liability has so far adhered to liability
based on fault, meaning that no one can be liable if there are no errors in him. In
the case of the doctrine environment it will create obstacles to the law in court
because the doctrine is unable to effectively anticipate the impact of modern
industrial activities that contain potential risks.