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All Journal Indonesian State Law Review (ISLRev)
Muhammad Ainurrasyid Al Fikri
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Law, Crime, Criminology & Criminal Justice

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PENERAPAN STRICT LIABILITY OLEH PERUSAHAAN DALAM RANGKA KONSERVASI LINGKUNGAN HIDUP DI INDONESIA Muhammad Ainurrasyid Al Fikri; Fatma Ulfatun Najicha; I Gusti Ayu Ketut Rachmi Handayani
Indonesian State Law Review Vol. 3 No. 2 (2021): Indonesian State Law Review, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v3i2.23001

Abstract

Strict liability is absolute responsibility imposed on perpetrators of environmental violations that result in losses to both the environment and the community around the environment. The research used in this paper is juridical normative and uses a statutory approach, a conceptual approach, and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia.
PENERAPAN STRICT LIABILITY OLEH PERUSAHAAN DALAM RANGKA KONSERVASI LINGKUNGAN HIDUP DI INDONESIA Muhammad Ainurrasyid Al Fikri; Fatma Ulfatun Najicha; I Gusti Ayu Ketut Rachmi Handayani
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i1.23122

Abstract

Strict liability is absolute responsibility imposed on perpetrators of environmental violations that result in losses to both the environment and the community around the environment. The research used in this paper is juridical normative and uses a statutory approach, a conceptual approach and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia.
PENERAPAN TANGGUNG JAWAB MUTLAK RUMAH SAKIT DALAM PELAYANAN KESEHATAN DI INDONESIA Muhammad Ainurrasyid Al Fikri; Fatma Ulfatun Najicha
Indonesian State Law Review Vol. 5 No. 1 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i1.23125

Abstract

Doctor and patient are a legal relationship in a business engagement (inspanning verbintenis) and not a result bond (resultaat verbintenis). Even so, doctors are still responsible for any negligence that brings harm to patients. Until now, there is still confusion in Indonesia, whether medical liability is based on default or unlawful acts, even though as an inspiring verbintenis the basis for a suit that is more appropriate to use is an act against the law. This research was conducted by comparing the law with the statute approach, the conceptual approach and the case approach. Analysis of absolute responsibility cases in Indonesia is very necessary in order to provide justice for the community, especially in health law.
Implementation of Strict Liability by Companies in Cases of Environmental Damage in Indonesia: An Overview of State Administrative Law in Indonesia Muhammad Ainurrasyid Al Fikri
Indonesian State Law Review Vol. 5 No. 2 (2022): Indonesian State Law Review, 2022
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v5i2.23130

Abstract

Strict liability in the context of companies in environmental damage refers to the legal principle which states that companies can be held fully responsible for environmental damage resulting from their operational activities, without having to prove the fault or negligence of the company. This means that the company can be held responsible for environmental damage caused, whether intentionally or unintentionally. This study used normative legal research, while the approaches used are combining statutory, a conceptual and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia. The principle of strict liability in environmental damage has a number of important implications. First, companies are required to take careful precautions in their operations to prevent environmental damage. They must follow strict environmental standards and implement suitable technologies to reduce their negative impact on the environment. Second, companies must pay compensation for environmental damage resulting from their operations, even if they are not to blame for the damage. The principle of strict liability eliminates the need to prove the company's fault or negligence, therefore that the company must be financially responsible for the environmental losses incurred.
Co-Authors Fatma Ulfatun Najicha I Gusti Ayu Ketut Rachmi Handayani