Applying Strict Liability for Environmental Offenses: Indonesian Perspective

Authors

  • Al Halim

DOI:

https://doi.org/10.37506/mlu.v21i1.2280

Keywords:

Strict liability, Regulatory offenses, Administrative dependent of criminal law, Environmental harm.

Abstract

This study aims to analyze the rationality and application of strict liability for environmental offenses in the
Environmental Protection and Management Act of Indonesia. The strict liability set out in this law expressly
applies only to civil cases and covers the possibility that it may be used in criminal matters. Normative
legal research complemented by a statutory and conceptual approach was used. The results showed that it
generally applies to regulatory offenses aimed at protecting the public interest. This doctrine is necessary
to improve the long-term and prevents harm to people or the environment. The absence of mental element
proof should be limited to offenses that are characterized by the administrative dependence of criminal
law, which is reflected in the abstract and concrete endangerment models. Generally, prohibited behavior
related to waste/emissions disposed into the environment without approval causes damage. The offense is
formulated as formal offense by eliminating the element of the perpetrator’s culpability, and it is therefore
not necessary to prove it.

Author Biography

Al Halim

Student of Law Doctorat Program Diponegoro University, Indonesia

Published

2021-01-09

How to Cite

Al Halim. (2021). Applying Strict Liability for Environmental Offenses: Indonesian Perspective. Medico Legal Update, 21(1), 59-64. https://doi.org/10.37506/mlu.v21i1.2280