Law Development Journal
Vol 8, No 1 (2026): March 2026

Judicial Interpretation of Strict Liability in Environmental Law a Comparison Between Indonesia and China

Mikhael Wijaya (Universitas Padjajaran)
Ida Nurlinda (Universitas Padjajaran)
Dadang Epi Sukarsa (Universitas Padjajaran)



Article Info

Publish Date
30 Apr 2026

Abstract

Strict liability principle allows legal accountability for environmental pollution without requiring proof of fault. This article aim to compares its application in Indonesia and China through a normative-legal and comparative approach. In Indonesia, the principle is regulated under Article 88 of Law No. 32 of 2009 concerning Environmental Protection and Management, yet its implementation remains inconsistent due to the absence of technical regulations and institutional weaknesses. In contrast, China applies strict liability more effectively through environmental courts, reversed burden of proof, and public interest litigation by prosecutors. These differences indicate the urgency of strengthening enforcement instruments in Indonesia so that the principle can function as an operational tool for environmental protection. The proposed policy recommendations include drafting implementing regulations, establishing environmental courts, and reforming procedures for public lawsuit.

Copyrights © 2026






Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...