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All Journal JOURNAL of LEGAL RESEARCH Jurnal Bisnis Indonesia Jurnal Konstitusi dan Demokrasi Jurnal Hukum dan Pembangunan Jurnal Legislasi Indonesia
Kurniawan, Denis
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JOURNAL of LEGAL RESEARCH

 1 
Penggunaan Strict Liability Dalam Pertanggungjawaban Secara Perdata Pada Sengketa KLHK Melawan PT. Waringin Agro Jaya Kurniawan, Denis
JOURNAL of LEGAL RESEARCH Vol 6, No 1 (2024)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v6i1.39129

Abstract

The right to access a good and healthy environment is a right for all citizens guaranteed by the 1945 Constitution. The right to obtain a good and healthy environment is not only limited by the rights of the current generation but also a right that future generations can feel with pro-environment sustainable development. The state's right to sue the central government through the Ministry of Environment and Forestry is an effort to protect the environment from polluters and/or environmental destroyers, one of which is filing a civil lawsuit. This research is a normative or doctrinal legal research with a statute, conceptual, and case approach. This study concludes that the legal liability carried out by PT Waringin Agro Jaya can be justified based on strict liability because, in principle, strict liability is a liability without fault in every business or activity categorized as Abnormally Dangerous Activity.
Penggunaan Strict Liability Dalam Pertanggungjawaban Secara Perdata Pada Sengketa KLHK Melawan PT. Waringin Agro Jaya Kurniawan, Denis
JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v6i1.39129

Abstract

The right to access a good and healthy environment is a right for all citizens guaranteed by the 1945 Constitution. The right to obtain a good and healthy environment is not only limited by the rights of the current generation but also a right that future generations can feel with pro-environment sustainable development. The state's right to sue the central government through the Ministry of Environment and Forestry is an effort to protect the environment from polluters and/or environmental destroyers, one of which is filing a civil lawsuit. This research is a normative or doctrinal legal research with a statute, conceptual, and case approach. This study concludes that the legal liability carried out by PT Waringin Agro Jaya can be justified based on strict liability because, in principle, strict liability is a liability without fault in every business or activity categorized as Abnormally Dangerous Activity.
Co-Authors Lisa Sulistyawati