Civil Liability: A Comparative Study of State Owned Enterprises and Corporations

Taufik, Achmad; Suhartono, Slamet; Mangesti, Yovita Arie; Setyorini, Erny Herlyn

doi:10.18551/rjoas.2023-06.03

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…However, in practice, there is often difficulty determining which corporation should be held legally responsible for the land damage that occurs, because the damage is usually caused by more than one corporation that is not interrelated (Rimsyahtono et al, 2021). For example, in Indonesia, the general basis for the lawsuit uses is Article 1365 of the Indonesian Civil Code, which uses the principle of liability based on fault (Akhmad et al, 2023). When there are several corporation causes land degradation, it will make government very difficult to determine the guilty party in the lawsuit, because there are many companies that cause land degradation, while based on the liability based on the fault theory used in Indonesia, it is mandatory to prove the exact form and percentage of fault for each company.…”

Section: Jppel 162mentioning

confidence: 99%

Market shared liability: an alternative to proportionally impose guilt in civil lawsuits against corporations causing land degradation

Anand,

Putri,

Adam

2024

JPPEL

View full text Add to dashboard Cite

Purpose This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for judges to determine the percentage of compensation for corporations responsible for land degradation. This paper aims also presents a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations proportionally responsible in terms of causing land degradation. Design/methodology/approach This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is conceptual, statute and comparative approach. Findings By analyzing the related legal norms, it can be understood that in Asian countries, such as Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the regulations in these countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is a market shared liability. Research limitations/implications This research is limited to regulation in the Asia region. By analyzing the regulation, this paper will provide an analysis about the land degradation regulation mechanism in Asia and give an analysis about market shared liability as one of the solution to handling land degradation. Having the same ground rules will create synergies between countries in Asia to handle land degradation. Originality/value This paper is the first systematic legal research comparing regulations from three nations in Asia on land degradation and the first paper to provide market shared liability as a solution to handling land degradation.

show abstract

Section: Jppel 162mentioning

confidence: 99%