Warlia, Meni (2023) Penerapan Asas Strict Liability Dan Eksekusi Putusan Hakim Dalam Perkara Perdata Lingkungan Hidup Di Indonesia. Doctoral thesis, Universitas Islam Riau.

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Abstract

Development has a negative impact on the environment. Environmental issues began to be seriously debated in the 1970s. United Nation Conference on the Human Environment in Stockholm Sweden in 1972 came out with one of the conclusions the importance of improving the quality of human life to prevent environmental degradation. Environmental degradation due to development occurred due to irresponsible development, causing harm to the environment. Restoring the environment requires serious environmental law enforcement. The Law on the Environment Number 32 of 2009 concerning the Protection and Management of the Environment regulates law enforcement efforts in the form of Administrative, Criminal and Civil Law. Enforcement of Civil Law has been upheld by filing environmental restoration lawsuits with indictment for compensation and environmental restoration costs. Problem identified in this research is how is the implementation of the application of as strict liability in environmental civil judge decisions in Indonesia, what are the obstacles to the implementation of environmental civil execution and how is the concept of executing environmental civil judgments. The approach used in this study is a statutory, context and case approach. Research specifications chosen are normative legal research and empirical legal research. Types and sources of data used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials, then the types and sources of primary data. Data collection methods are literature study and interviews. Method of data analysis used is qualitative data analysis. From the results of the research, it was concluded that civil environmental decisions have fulfilled a sense of justice for the victims, namely the people who were victims of landslides and the damaged environment. The judge in his decision applied the principle of strict liability in proving the actions of the defendant and sentenced the defendants to pay compensation and environmental restoration costs. However, until this research was conducted, the execution of the decision had not yet been completed. Execution of decisions on civil environmental cases should be handed over to the State Execution Agency (LEN) filled with representatives from the Indonesian National Police, the Attorney General's Office, the Ministry of Law and Human Rights, the Ministry of Environment and Forestry, the Ministry of Finance, the National Land Agency, as well as a coordinating representative from the Supreme Court.

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