Implementation of the Strictliability Principle in Enforcement of Environmental Civil Case Laws and Settlement of Their Execution in Indonesia

Warlia, Meni and Munaf, Yusri and Ibnususilo, Efendi and Huda, Ni’matul and S, Thamrin (2023) Implementation of the Strictliability Principle in Enforcement of Environmental Civil Case Laws and Settlement of Their Execution in Indonesia. Law and Humanities Quarterly Reviews, 2 (1). pp. 11-26. ISSN 2827 - 9735

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Abstract

Environmental degradation is a series of events from a decrease in environmental quality or a decrease in the carrying capacity of the environment caused by humans or caused by nature. In fact, environmental degradation will not only affect the degradation of the surrounding area or have an impact on direct victims, but will also affect other areas that still show the relationship of resource flows as we have witnessed together. This research is a doctrinal legal research that focuses more on primary and secondary legal materials. Research on doctrinal law itself can be carried out through an inventory of positive laws, tracing legal principles and doctrine, legal systematics, comparative law and legal history. The results of this study indicate that in environmental civil law cases, the combination of the concept of rule of law and the welfare state is very important, which consists of aspects of the rule of law and aspects of the legality of the concept of rule of law. The issue of social justice which is also the concept of a welfare state includes justice for the present generation as well as for future generations. Economic justice and state control rights over natural resources are very prominent factors in the form of the state's obligation to create general welfare and as much prosperity as possible for the people.

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