Strict Liability in Indonesia

Related:

• The Strict Liability Regime

Introduction

Strict liability is a pivotal legal principle within Indonesian environmental law, ensuring that those who cause environmental damage are held accountable without the need for the injured party to prove fault or negligence. This principle is extensively covered under Law No. 32 of 2009 on Environmental Protection and Management (UU No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup) and Government Regulation No. 22 of 2021 (PP No. 22 Tahun 2021).

Key Provisions of Strict Liability

The principle of strict liability in Indonesian environmental law is enshrined in several articles of UU No. 32 Tahun 2009 and PP No. 22 Tahun 2021. Below are the primary provisions:

1. Article 88 of UU No. 32 of 2009:

   • This article explicitly states that any person whose actions, business, and/or activities use hazardous and toxic substances (B3), produce and/or manage B3 waste, and/or pose a serious threat to the environment is subject to strict liability.
   • Explanation of Article 88: It clarifies that "strict liability" means the plaintiff does not need to prove negligence for compensation claims.

2. Article 501 of PP No. 22 of 2021:

   • This article reiterates the application of strict liability, particularly highlighting that businesses and/or activities using hazardous and toxic substances (B3), generating and/or managing B3 waste, or posing serious threats to the environment are strictly liable for any resultant damage.
   • Explanation of Article 501: It emphasizes that strict liability does not require proving fault and outlines the defenses available to the defendant, such as proving the damage was caused by natural disasters, wars, or actions of third parties】.

3. Article 503 of PP No. 22 of 2021:

   • This article provides details on how strict liability can be applied to specific circumstances, including serious threats to the environment, and how it interacts with the principle of "the polluter pays".

Scope and Application

Strict liability under Indonesian environmental law encompasses activities that involve hazardous substances, generate hazardous waste, or pose serious environmental threats. The law is designed to ensure accountability and prompt remediation of environmental harm. Key aspects include:

• No-Fault Liability: The responsible party is liable for environmental damage irrespective of fault.
• Preventive Measures: Encourages entities to adopt stringent measures to prevent environmental harm.
• Remedial Actions: Obligates the responsible parties to restore the environment and compensate for damages.

Judicial Enforcement

Indonesian courts have upheld the principle of strict liability in several cases, emphasizing the importance of holding polluters accountable. The judiciary ensures that the principle of "the polluter pays" is enforced, thus promoting environmental justice and protection.

Challenges and Considerations

While the strict liability framework is robust, its implementation faces challenges such as:

• Identifying Responsible Parties: Determining the liable party can be complex, especially in cases involving multiple actors.
• Quantifying Damages: Assessing environmental damage and the corresponding compensation requires expert evaluation.
• Enforcement: Effective enforcement demands coordination among various stakeholders and robust institutional support.

Conclusion

Strict liability is a cornerstone of Indonesian environmental law, ensuring that those who cause environmental damage are held responsible. By eliminating the need to prove negligence, the law facilitates swift action to address environmental issues and promotes a culture of accountability. This framework is essential for sustainable development and the preservation of Indonesia's natural resources for future generations.