Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Establishing Omnibus Law in Indonesia: Strict Liability in Environmental Law

Author(s): Marilang, Muammar Bakry, Tri Suhendra Arbani, Abdul Syatar, Muhammad Majdy Amiruddin Nurfaika Ishak

Various disasters in Indonesia, such as forest fires, floods, and other environmental damage, are inseparable from the actions of the capital owners who pollute the environment. This study aims to reconstruct the obscure meaning of strict liability in the Omnibus Law and the correlation between oligarchic interests and Indonesia's environmental destruction. This type of research is qualitative research using a statutory approach. This research is descriptive, and the material analysis technique used is the deduction syllogism technique, namely by concluding the rules of law and legal facts. This study's results indicate a significant impact on obscuring the meaning of strict liability in the Omnibus Law. The changes in the omnibus law will make it more difficult for environmental destroyers and polluters to be held accountable because the government has to prove the mistakes made by corporations first. When proof of error must take precedence in environmental destruction and pollution, what happens is a regression and ends in conventional proof. It contrasts to the Anglo-Saxon countries, which have expanded the object of string liability.

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