A Study on the Strict Liability of the Facility Operator in Environmental Pollution Damage

2016 ◽  
Vol 51 (4) ◽  
pp. 401-430
Author(s):  
Young Kyung Kim
Keyword(s):  
Environmental Pollution ◽  
Strict Liability ◽  
Pollution Damage

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

2021 ◽  
Vol 2 (02) ◽  
pp. 143-155
Author(s):  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
Sahat Benny Risman Girsang ◽  
Herlina Manullang
Keyword(s):  
Environmental Pollution ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Legal Protection ◽  
Corporate Management ◽  
Library Research ◽  
Responsible Corporate Officer ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

scholarly journals TANGGUNG JAWAB MUTLAK DALAM PENYELESAIAN SENGKETA LINGKUNGAN HIDUP

2017 ◽  
Vol 31 (2) ◽  
Author(s):  
Hyronimus Rhiti
Keyword(s):  
Environmental Pollution ◽  
Strict Liability ◽  
Environmental Disputes

ABSTRACTStrict Liability is a principle in the settlement of environmental disputes. The dispute caused by environmental pollution or destruction. The principle is contained in the Act No. 32 of 2009 on the Protection and Management of the Environment. This principle raises issues in terms of its application. Nevertheless, strict liability is important in protecting all victims of environmental pollution or destruction.Keywords: strict liability, environmental pollution, environmental disputeINTISARITanggung jawab mutlak adalah sebuah prinsip dalam penyelesaian sengketalingkungan, khususnya sengketa karena pencemaran dan perusakan lingkungan. Prinsip ini terdapat dalam Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup. Meskipun ada dalam undang-undang tersebut, prinsip ini menimbulkan persoalan dalam hal penerapannya. Meskipun demikian, strict liability penting dalam hal perlindungan semua korban pencemaran atau perusakan lingkungan hidup.Kata kunci: tanggung jawab mutlak, pencemaran lingkungan, sengketa lingkungan

Assessment of damage from the violation of environmental legislation: Review and systematization of methodological approaches and methodology support

2021 ◽  
Vol 21 (1) ◽  
pp. 3-25
Author(s):  
Alexandr Tulupov ◽  
Anatoliy Mudrezov ◽  
Anton Vitukhin ◽  
Andrey Avramenko
Keyword(s):  
Environmental Pollution ◽  
Information Modeling ◽  
Economic Research ◽  
Environmental Audit ◽  
Environmental Legislation ◽  
Investment Projects ◽  
Pollution Research ◽  
Pollution Damage ◽  
Wide Range ◽  
Methodological Principles

Damage from environmental pollution (damage from violation of environmental legislation) is a basic category in environmental-economic research and is assessed during the development of project documentation, environmental audit, evaluation assessment of the effectiveness of investment projects, environmental risks insurance. At the same time, variety of existing assessment approaches necessitates methodological and methods’ streamlining in the field under consideration. The purpose of the study is to review and systematize national and foreign experience in assessing damage from environmental pollution. Research methods: ecological-economic analysis, content analysis, information modeling, statistical analysis. The key findings of the study: identification of contradictions in the field of understanding and assessment of environmental pollution damage category, streamlining of methodological principles and methodology support in the field under consideration, development of approaches’ classification for calculating damage from pollution depending on the methods used and the directions of assessment, systematization of methodology support based on a wide range of criteria. Scope: environmental audit and expertise, environmental insurance, as well as regulatory documents of ministries (Ministry of natural resources, Ministry of ecology) and departments (Rostechnadzor, Rosvodresursy, etc.), scientific and educational publications on the assessment of anthropogenic load.

scholarly journals Different Regime Applied to Liability for Oil Pollution Damage

1999 ◽  
Vol 29 (2) ◽  
pp. 123
Author(s):  
Lefiana Ferdinandus
Keyword(s):  
United States Of America ◽  
Oil Pollution ◽  
Strict Liability ◽  
The United States ◽  
Insurance Market ◽  
Oil Companies ◽  
Pollution Damage ◽  
The World ◽  
Very High ◽  
Unlimited Liability

With regard to its reaction or probably overreaction to the disastrous incident of oil spill from"Exxon Valdez" in Alaska, the United States of America put into law Oil Pollution Acts 1990 (OPA 1990). This Acts establishes a new liability and compensation regime for oil pollution damagefrom ship operations, which is different from the regime adopted by the rest of the world. OP A 1990 adopts unlimited liability whereas the rest of the world who join with CLC 1969, TOVALOP 1969, FUND Convention 1971 and CRISTAL 1971 adopt strict liability. OP A' s unlimited liability has set very high cost that could not be held up by all groups involved in ship operations, such as shipping companies, insurance market, oil companies, and finally consumer.

scholarly journals The Legal Review of Petroleum Spill Case (Pertamina Oil Spill in Kalimantan)

2018 ◽  
Vol 7 (2) ◽  
pp. 133
Author(s):  
Birkah Latif ◽  
Ade Kurniawan ◽  
Iyas Manggala Ayubi
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Environmental Pollution ◽  
Oil Spill ◽  
Oil And Gas ◽  
Strict Liability ◽  
Legal Issues ◽  
Oil Pipeline ◽  
East Kalimantan ◽  
Spilled Oil

At the end of March 2018, there was an accident in the sea of Kalimantan-Balikpapan where a Panamanian-flagged vessel caused a leak over the oil pipeline. The pipeline connects the Crude Lawe-lawe Terminal to Pertamina's Balikpapan Plant. As a result, spilled oil is estimated at 40,000 barrels and resulted in five deaths.  The aim of this study is to examine the regulation on environmental protection, especially on the oil and gas natural resources and what form the accountability of the oil spill on the shore. This paper is structured using a normative juridical approach to seek solutions to legal issues arising from such environmental cases. The study shows that the use of natural resources, which produce metals, coal, and minerals as a source of energy, oil and geothermal, should be based on the principles of environmental management, namely: equity, balances, democracy (democracy), and sustainability (sustainable) between generations. In terms of accountability both in civil liability, criminal, and an environment in accordance with the principle of direct liability (strict liability) with the occurrence of environmental pollution caused by the oil spill so legally PT Pertamina Regional East Kalimantan may be subject to the principle.

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