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Company Responsibility For Pollution And Environmental Damage Due To Nickel Mining In Southeast Sulawesi Rozeli; Widowati, Yeni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The increasing number of corporations as a global impact has given rise to exceptional attention to the environmental effects, namely environmental pollution, which can result in ecological damage, thereby impacting various aspects of people's lives and giving rise to horizontal problems. For example, the mining industry sector in Southeast Sulawesi causes ecological problems, pollution and environmental damage that occurs in Kolaka Regency and North Konawe Regency, Boenaga Village; the water looks very murky, even in several mining villages, and the water is reddish brown. The research methods used in this research are normative juridical and empirical juridical; normative juridical examines provisions, principles and rules in positive law, while empirical juridical is research obtained directly from the field, interviews with respondents. This research shows that corporate responsibility for environmental pollution and damage is based on law number 32 of 2009 concerning ecological management and protection, known as the principle of strict liability, where corporations can be subject to criminal liability without needing to prove an element. Error. Apart from strict liability, the Environmental Protection and Management Law also recognizes vicarious liability, where corporations can be held responsible for actions carried out by their employees/subordinates in the work environment. Applying the principles of strict liability and vicarious liability in corporate responsibility for environmental pollution/damage aims to provide more effective environmental protection environmental protection.