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Title: The Application of the strict liability principle in the indemnity laws for livelihoods in Indonesia: Analysis of the supreme court’s decision Number 1794K/PDT/G/2004
Other Titles: Penerapan prinsip strict liability dalam gugatan ganti rugi bidang lingkungan hidup di Indonesia: Analisis putusan Mahkamah Agung Nomor 1794 k/pdt/g/2004
Authors: Ahmad Tholabi Kharlie
Keywords: environmental law;strict liability;claim for compensation;supreme court
Issue Date: 2020
Publisher: Jurnal Cita Hukum
Series/Report no.: Vol. 8;No. 1
Abstract: This study is applied a descriptive-normative method which used to explain, describe, and analyze a particular event that is a proceeding submitted by the plaintiff against environmental pollution and damage, namely landslides on Mount Mandalawangi, using the concept of illegal acts The results of this study are: First, the compensation applied in the case of the Mount Mandalawangi landslide is based on the strict liability principle. The implication of the theory stated that the injured complainant is not required to prove the mistakes made by the defendant. Even if the defendant can prove that he is blameless, but there is a clear and proven impact of the loss in court, the defendant still obliged to pay for the compensation. Secondly, the Supreme Court's cassation decision is in accordance with the provisions of the prevailing laws and regulations in Indonesia, especially in the case of illegal acts, both confirmed in Article 1365 of the Civil Code (KUHPer) or regulated in the Protection Law and Environmental Management (UU-PPLH).
ISSN: 2356-1440
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