Liability Without Fault Dalam Penyelesaian Sengketa Lingkungan Hidup Di Indonesia

Handayani, Emi Puasa; Arifin, Zainal; Virdaus, Saivol

doi:10.36913/jhaper.v4i2.74

Cited by 4 publications

(6 citation statements)

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“…The third type of liability, res ipsa loquitur is the form of responsibility that frees the plaintiff from the burden of proof, (Handayani, Arifin, & Virdaus, 2019). According to this concept, the defendant's mistake is assumed to have existed, so that the defendant that has the burden to prove that the defendant is innocent The defendant is responsible because it is assumed that he has committed an illegal act, but the defendant will be released from that responsibility if he succeeds in proving that the defendant is innocent or has not committed an illegal act, (Wibisana, 2016).…”

Section: Discussionmentioning

confidence: 99%

“…Regarding the four requirements above, the first and second requirements are called subjective requirements, because it involves the parties to an agreement, while the third and fourth requirements are called objective requirements because it involves the object of the agreement, (Sari, 2017). Regarding the legal consequences of the four requirements, if the first and second requirements are not fulfilled, the agreement can be cancelled, but if the third and fourth requirements are not fulfilled, the agreement is null and void, (Gunadi, 2012).…”

Section: Introductionmentioning

confidence: 99%

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Notary Responsibility in Checking Halal Causa Requirements on Objects Promised

Susanti

2020

Jurnal Notariil

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This research is motivated by there is a case of cancellation (null and void) of an authentic deed made by a notary because it does not meet the halal causa requirements. This study aims to analyze and find the form of liability of the Notary in halal causa requirements on the promised object. The results of the study using the normative legal research with the statute approach, conceptual approach, and comparative approach. The results of this study showed that the form of legal liability of the Notary in examining halal causa requirements on the agreed object, namely using the type of liability based on fault, because if halal causa requirements are not fulfilled in the authentic deed which results in the deed being null and void, then it is mistakes of Notaries as officials who are authorized to make and be responsible. At the end of this study, the researcher also provided advice to the government to updated Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position by adding clauses related to the Notary's obligation to check the legal terms of the agreement; as well as advice to the Notary to be more careful, thorough, careful, not taking sides in checking halal causa requirements in the object of the agreement.

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Notary Responsibility in Checking Halal Causa Requirements on Objects Promised

Susanti

2020

Jurnal Notariil

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“…In this case, the Indonesian environment is a natural condition with a strategic role of high value as a place where the Indonesian people and nation carry out national and state life in all aspects. Environmental management aims to develop a system with integration as its primary characteristic (Handayani, Arifin, & Virdaus, 2019).…”

Section: The Urgency Of the Development Taman Surya Nusantara In Indo...mentioning

confidence: 99%

Development Taman Surya Nusantara to increase new and renewable energy in Indonesia

Kartika,

Medlimo

2023

J. of Sustainable Tourism and Entrepreneurship

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Purpose: The aim of this research is to achieve sustainable development by reorienting the use of energy from fossil energy to new and renewable energy through the massive and consistent use of solar energy in Indonesia. Research Methodology: This study employed a normative empirical method with a descriptive analysis approach. Secondary data were acquired through meticulous literature review and subjected to qualitative analysis. The outcomes of the analysis serve as the cornerstone for accurate conclusions within the research (Soerjono & Mamudji, 2007). Results: The research results show that the development of Taman Surya Nusantara is instrumental, extensive, and comprehensive, to be carried out as a key to facing the challenges of the global energy crisis, as well as a strategic step to achieve sustainable development goals in Indonesia. Limitations: The construction of Taman Surya Nusantara will receive a positive response from all parties, with an orientation towards achieving the ideal use of solar energy for the realization of sustainable development. Contributions: This research explains that developments in science and technology are signs of the need for reformulation of the use of solar energy in Indonesia. In such conditions, it has implications for the phenomenon of "sustainable development goals," meaning that the dimensions of life are required to be adaptive to conditions of sustainable development in line with the essence of welcoming Golden Indonesia 2045.

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“…If we look further into the history of strict liability, initially strict liability was first used by the British state which used the Anglo Saxon legal system in the 19th century and was used as the basis for liability in civil disputes. Then in 1868, one of the cases that later attracted attention related to the application of strict liability at that time and became popular was in the case led directly by Judge Blackburn, namely Ryland vs Flatcher (Handayani et al 2019).…”

Section: Indonesiamentioning

confidence: 99%

Environmental Disputes Without Protection Of Strict Liability Principles: Again, Law On Job Creation

Kusuma

2022

laj

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The 1945 Constitution of the Republic of Indonesia in Article 28 H paragraph 1 states that a good and healthy environment is a human right and a constitutional right for every Indonesian citizen. The form of environmental protection is then accommodated, one of which is Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) through the Strict Liability principle or what is called absolute liability for every party who pollutes and destroys the environment caused by Hazardous and Toxic Materials (B3) and waste of Hazardous and Toxic Materials without the need to prove of the element of fault first. However, after the enactment of Law Number 11 of 2020 concerning Job Creation, absolute liability for perpetrators of environmental destruction was lost because the phrase “without the need to prove of an element of fault” was abolished so that accountability was based on mistakes (liability based on fault). The purpose of this study is to determine the impact of eliminating the principle of strict liability in the settlement of environmental disputes in Indonesia. The research method used is normative legal research using statutory, conceptual, and case approaches. Based on the results of the study, it shows that the abolition of strict liability in the Environmental Protection and Management Law will burden victims in environmental disputes, especially ordinary people, to ask for accountability because of the complexity of proving the element of error in industrial activities that use high technology and are related to Hazardous and Toxic Materials (ultrahazardous activity dan abnormally dangerous). Keywords: Job Creation, Liability Based on Fault, Environmental Dispute, Strict Liability

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Liability Without Fault Dalam Penyelesaian Sengketa Lingkungan Hidup Di Indonesia

Cited by 4 publications

References 0 publications

Notary Responsibility in Checking Halal Causa Requirements on Objects Promised

Notary Responsibility in Checking Halal Causa Requirements on Objects Promised

Development Taman Surya Nusantara to increase new and renewable energy in Indonesia

Environmental Disputes Without Protection Of Strict Liability Principles: Again, Law On Job Creation

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