STRICT LIABILITY
PERUSAHAAN TAMBANG DI INDONESIA TERHADAP
KERUGIAN MASYARAKAT DAN PERUSAKAN LINGKUNGAN AKIBAT PEMBUANGAN TAILING ( STUDI KASUS PT FREEPORT INDONESIA)
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Institusion
Universitas Atma Jaya Yogyakarta
Author
NAP, HEUNIKE
Subject
Hukum Bisnis
Datestamp
2015-08-27 09:04:02
Abstract :
This research aimed to know how is the responsibility of mining company toward the environmental pollution and detriment of society as the impacts of tailing discharge. Reviewing valid law and also how better the positive legal change in Indonesia is to anticipate the incident of environmental destruction and society?s detriment. This matter is caused by the law has absolute responsibility in Indonesia which is a regulation adopted from foreign state has not been enforced maximally because it has not fulfilled every aspect of absolute responsibility. This research is normative legal research by studying various legal literatures. This research used legal comparing approach between the conventions which implement strict liability by valid legal in Indonesia. The result of comparison with these conventions is a fundamental to determine how better is the legal enforcement in Indonesia to protect living environment and the society which get any detriment. The result of this research showed that the convention ruling on strict liability give maximum limit of compensation of detriment and also the period of responsibility for the society?s detriment and the environmental destruction. The principals from these conventions thus could behalf as input in order to refine the regulations formulations of living environment in Indonesia in order could be implemented more maximal.
This research aimed to know how is the responsibility of mining company toward the environmental pollution and detriment of society as the impacts of tailing discharge. Reviewing valid law and also how better the positive legal change in Indonesia is to anticipate the incident of environmental destruction and society?s detriment. This matter is caused by the law has absolute responsibility in Indonesia which is a regulation adopted from foreign state has not been enforced maximally because it has not fulfilled every aspect of absolute responsibility. This research is normative legal research by studying various legal literatures. This research used legal comparing approach between the conventions which implement strict liability by valid legal in Indonesia. The result of comparison with these conventions is a fundamental to determine how better is the legal enforcement in Indonesia to protect living environment and the society which get any detriment. The result of this research showed that the convention ruling on strict liability give maximum limit of compensation of detriment and also the period of responsibility for the society?s detriment and the environmental destruction. The principals from these conventions thus could behalf as input in order to refine the regulations formulations of living environment in Indonesia in order could be implemented more maximal.
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