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All Journal LEGAL BRIEF AKSIOMA : Jurnal Sains Ekonomi dan Edukasi
Azhar, Muhammad Yasir
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Liability Without Fault in Environmental Dispute Settlement: The Per-spec-tive of Law No. 32 of 2009 Concerning Environmental Protection and Man-agement Azhar, Muhammad Yasir; Lubis, Saddan Dintara
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1371

Abstract

Environmental issues in Indonesia are becoming increasingly complex, driven by the rapid growth of industry and the exploitation of natural resources that disregard the principles of sustainability. This study aims to analyze the implementation of the principle of liability without fault in resolving environmental disputes, as stipulated in Law Number 32 of 2009 concerning Environmental Protection and Management. This principle provides a platform for injured parties to seek legal accountability without having to prove fault, in line with the polluter pays principle. The approach used in this study is a normative juridical method, relying on secondary data in the form of laws and regulations, legal literature, and previous research findings. The findings indicate that the existence of the principle of strict liability in Article 88 strengthens the legal basis for filing civil lawsuits for redress of environmental damage, even in conditions without elements of intent or negligence. Dispute resolution can be pursued through litigation or non-litigation channels such as mediation and arbitration. These findings are significant in promoting ecological justice, expanding public access to environmental justice, and strengthening legal responsibility for business actors. This study concludes that it is necessary to strengthen socialization efforts and enforce the law firmly and consistently so that the principle of liability without fault can function optimally as a preventive and corrective legal instrument
Wanprestasi dalam Perjanjian Sewa Menyewa Properti Komersial Berdasarkan KUHPerdata dan Kompilasi Hukum Ekonomi Syariah Wirakusuma, Anggi; Hasibuan, Amanda Syafani Al Ikhsan; Wijaya, Adhitya Aldhani; Azhar, Muhammad Yasir; Munthe, Muhammad Asdon
AKSIOMA : Jurnal Sains Ekonomi dan Edukasi Vol. 2 No. 2 (2025): AKSIOMA : Jurnal Sains, Ekonomi dan Edukasi
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/aksioma.v2i2.857

Abstract

This research analyzes defaults in commercial property rental agreements based on the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The method used is normative juridical with a regulatory approach and case studies. The research results show that in the Civil Code, default includes not carrying out achievements, carrying out inappropriate achievements, or being late. In KHES, default is seen from the ijarah contract with the principles of justice and honesty. This research found a gap between legal theory and practice in the field, so that legal harmonization and increased legal understanding of the parties are needed.
Co-Authors Hasibuan, Amanda Syafani Al Ikhsan Lubis, Saddan Dintara Munthe, Muhammad Asdon Wijaya, Adhitya Aldhani Wirakusuma, Anggi