The Absolute Responsibility Principle in Environmental Environment System

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Ulfah, St.^1

Faculty of Law, Universitas Muslim Indonesia, Jl.Urip Sumoharjo Km.05, Makassar, Indonesia^1

关键词: Environment systems;    Environmental risks;    Environmental systems;    Form factors;    Indonesia;    Stricht liability principle;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012036/pdf
DOI  :  10.1088/1755-1315/175/1/012036

学科分类：工业工程学

来源: IOP

【 摘 要 】

The application of the principle of absolute liability in the environmental system is not based on the definition of error of negligence or intentional misconduct (not based on fault liability) Problems and Risks are posed by various factors (multiple causes) is difficult and expensive to prove. As a ratifying State to the CLC 1969/1992, Indonesia Has implemented compulsory insurance either in legislations or in practice. The implementation in legeslation, particularly rules related to compensation and environmental. The application of the Absolute Liability Principle in the environmental system is not based on the evidentiary aspect of the error form factor of negligence or error of intent (not based on an error obligation) other than a legal approach focused on the consideration of the existing risk management as well as the underlying problems and or environmental risks posed by Various factors (multiple causes) are difficult and expensive to prove. Indonesia as a country that has ratified CLC 1969/1992 has applied provisions on insurance obligations. (Compulsory insurance) either into the provisions of legislation or in practice in the field. However, the application to the legislation still requires the claim of compensation for compensation and the cost of restoring the environment.