Criminal Liability without Fault in Environmental Legislation of Indonesia

Abstract

This study looked at how the concept of criminal culpability without fault is viewed and applied in Indonesian environmental law. The idea was only applicable in civil proceedings under present legislation, removing the potential of its application in criminal cases. This was a doctrinal legal research project that used statutory and conceptual approaches. The study argued that regulatory infractions intended to safeguard the public interest are routinely subjected to criminal liability without fault. To avoid long-term and difficult-to-repair harm to people or the environment, this environmental violations philosophy was critical. Infractions with administrative repercussions had to be limited in the absence of proof of the mental element in the statute. Unauthorized waste/emissions discharged into the environment are forbidden, and have the potential to harm the environment.