PENERAPAN PELAKSANAAN STRICT LIABILITY DALAM PENYELESAIAN SENGKETA ATAS PERBUATAN MELAWAN HUKUM

Penulis

  • Irene Putri A.S. Sinaga Universitas Pelita Harapan
  • Aisya Siti Zahra Universitas Pelita Harapan
  • Eunike Taresha Br. Ginting Universitas Pelita Harapan
  • Jessica Daniella Universitas Pelita Harapan

Kata Kunci:

Strict Obligations, Environmental Disputes, Unlawful Acts

Abstrak

Law enforcement regarding Unlawful Acts (PMH) is important in creating justice and legal protection for society. The application of strict responsibility or absolute responsibility in resolving PMH in Indonesia is a legal approach that does not require proof of error or intentional elements. This research aims to analyze the application of strict liability in PMH settlements, as well as its impact on legal certainty and protection for victims. The type of research used is normative juridical using a statutory regulation approach and a case approach. The research results show that applying strict liability in some PMH cases, especially those involving the environment, dangerous products, and producer responsibility, can provide justice more quickly and effectively. However, there are challenges in consistent law enforcement and public understanding of this concept. With consistent implementation and appropriate socialization, strict liability can function as an effective legal instrument in providing legal protection and certainty for PMH victims.

Unduhan

Diterbitkan

2024-10-31