Implementation of Strict Liability Principle in Civil Law Enforcement in Environment Law files as Consequence of Forest and Land Fire in Indonesia Justice Practice

Abstract

Strict liability is a concept of civil liability that does not require mistakes made by the defendant but rather defendant has caused losses to the plaintiff. Strict liability can help enforcement of environmental law that is oriented towards prevention. This is because strict liability can change the behavior of potential injurer to be more conscientious in performing their activities. The effectiveness of strict liability in supporting these ideals can certainly be realized if we first can correctly interpret the concept of strict liability. Strict liability is well known in the practice of civil justice in Indonesia in relation to the elements of error in the lawsuit based on Acts Against the Law in Article 1365 of the Civil Code (BW). Although the elements of objective and subjective errors are irrelevant if the action of the perpetrator is an activity with risk that whether the perpetrator has made a preventive effort and has been careful does not meant that risk is eliminated (abnormally dangerous activity). The application of strict liability in relation to civil law enforcement in the field of environmental law, especially as a result of forest and land fires in judicial practices in Indonesia is based on the provisions of Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) as in the case of land fires in PT. (Incorporated) Arjuna Utama Sawit which runs its business activities in controlling and opening land for oil palm plantations.