Marbun, Samuel (2025) Analisis Tanggung Jawab Mutlak (Strict Liability) pada Perma Nomor 1 Tahun 2023 tentang Pedoman Mengadili Perkara Lingkungan Hidup. Masters thesis, Universitas Islam Riau.

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Abstract

Environmental issues have become a hot topic and are very interesting to examine in depth due to their ongoing occurrence. Current environmental problems are not only due to government policies that are not pro-environment and the lack of political commitment that is detrimental to the environment, but also due to the weak commitment of law enforcement officials themselves. In this paper, the author outlines two research questions as a reference: Is the issuance of Perma No. 1 of 2023 an appropriate guideline for resolving environmental disputes? And how is the analysis of the principle of strict liability as a means of resolving environmental disputes according to Perma No. 1 of 2023? The type of research used is normative legal research, namely library legal research. Normative legal research includes research on legal principles, legal systematics, vertical and horizontal synchronization, comparative law, legal history, court decisions, and legislation. Strict liability is a principle in resolving environmental disputes, particularly disputes related to environmental pollution and destruction. This principle is enshrined in Law No. 32 of 2009 concerning Environmental Protection and Management. The issuance of PERMA No. 1 of2023 is generally appropriate according to Law 12 of 2011 concerning the creation of laws and regulations and also Law 48 of 2009 concerning judicial power. The absolute liability regulated in PERMA No. 1 of 2023 is currently proportional in nature where the judge is the determinant in the application of the principle of absolute liability and the judge is more directed to be progressive in adjudicating environmental cases. Basically, this absolute liability is very useful for victims and for parties in environmental disputes. Because the burden of proof is given to the perpetrator of pollution, and is very useful for victims who have limitations in providing evidence in cases, ranging from limited knowledge to economics. However, PERMA No. 1 of 2023 explains that victims of pollution must also provide evidence and strict liability cannot be applied immediately.

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