SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Vol. 5 No. 4 (2026): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2026

Implementation of the Strict Liability Principle in Civil Liability for Industrial Waste Pollution

Lutviana Arifatul Ramadhina (Universitas PGRI Semarang)
Wahyu Widodo (Unknown)
Nadea Lathifah Nugraheni (Unknown)



Article Info

Publish Date
15 Aug 2026

Abstract

This study examines the implementation of the strict liability principle under Article 88 of Law Number 32 of 2009 on Environmental Protection and Management in civil liability for industrial waste pollution in Rembang Regency. Using an empirical descriptive-analytical legal research method with statutory and fact approaches, data were collected through semi-structured interviews and document study. The results show that the implementation of strict liability is not optimal. Environmental dispute resolution is still dominated by administrative mechanisms such as coaching and warning letters, while civil lawsuits are almost never used. The main obstacles do not lie in the weakness of the norm, but rather in the limited scientific evidence to prove causation, low public understanding of the right to sue, the dominance of administrative approaches, and the absence of technical guidelines for implementing Article 88 at the regional level. Changes to the phrasing in the Job Creation Law also create interpretive uncertainty. In conclusion, the effectiveness of the strict liability principle requires strengthening institutional capacity, supporting scientific evidence, increasing public legal awareness, and progressive regional policies in order to function optimally as an instrument for environmental recovery and protection of pollution victims.

Copyrights © 2026






Journal Info

Abbrev

seikat

Publisher

Subject

Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum (SJISPH) is an open access, and peer-reviewed journal, with the online registered number E-ISSN 2964-0962. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary social, political and law ...