ANALISIS YURIDIS STRICT LIABILITY SEBAGAI PERTANGGUNG JAWABAN PIDANA KORPORASI TERHADAP DUMPING LIMBAH B3 KE MEDIA LINGKUNGAN BERDASARKAN UNDANG – UNDANG NOMOR 32 TAHUN 2009 TENTANG PENGELOLAAN DAN PERLINDUNGAN LINGKUNGAN HIDUP
Abstract
The principle of strict liability is criminal liability which is charged to
the perpetrators of criminal acts with no errors. In its development, the regulation
is always associated with environmental laws. In Indonesia, the principle of strict
liability is contained in the provisions of Law Number 32 of 2009 concerning
Management and Environmental Protection in article 88. Implementation of law
enforcement against B3 waste dumping by corporations often causes injustice
against the community as victims. This departs from the understanding of law
enforcers who do not apply the principle of absolute liability (strict liability) as
well as an understanding of these principles which must be straightened out
especially with regard to articles and paragraphs a quo which are easily
interpreted incorrectly.
This research is a normative legal research that is research that
examines secondary material or based on standardized rules that have been
recorded whose scope of discussion is about legal principles, namely the principle
of geen straft zonder schuld, and the principle of benefits; caution, justice listed in
the provisions of article 2 letters e, f, and g of UUPPLH-2009. So it is clearly and
in detail illustrated the problem to be studied. Data sources used are secondary
data sources consisting of primary legal materials, secondary legal materials, and
tertiary legal materials. Data collection techniques used by the literature review
method.
From the results and discussion that have been reviewed, the criminal
liability for the B3 waste dumping crime against corporations based on the
principle of strict liability, its application is very effective. Then the minimum
application and understanding of the precautionary principle as stated in the
UUPPLH-2009 principle in article 2 letter f becomes the reason for the
imposition of criminal liability towards corporations based on the principle of
strict liability. Furthermore, ideally the principle of strict liability for B3 waste
dumping by corporations based on UUPPLH-2009 must consider that the element
of error as an embodiment of the principle of "no criminal without error" or
"geen straft zonder schuld" must be set aside for B3 waste dumping crimes
committed by corporation.
Keywords: Criminal Liability - Strict Liability - Corporations - Dumping and B3 Waste.
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