Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 2 (2024): Pena Justisia

Company Responsibility For Pollution And Environmental Damage Due To Nickel Mining In Southeast Sulawesi

Rozeli (Unknown)
Widowati, Yeni (Unknown)



Article Info

Publish Date
18 Oct 2024

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.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...