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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study aims to explain the analysis of the principle of strict liability in the perspective of environmental law and maqashid sharia. In addition, this study also explains the impact of the elimination of the principle of strict liability in environmental protection.
In this study using qualitative research methods, using a statutory approach (statute approach), and library research data collection techniques, as well as using a type of normative legal research. After the data is obtained, the researchers qualitatively analyze the data obtained on the object of study.
The results of this study indicate that the elimination of the principle strict liability in Government Regulation of Lieu of Job Creation Law is incompatible with the principle of sustainable development and undermines the government's commitment to realizing sustainable development which is one of the aspirations of the Indonesian nation for the future, and the elimination of this principle against actors of business and/or activities that use and produce B3 waste is also not in line with hifzh al-nafs in maqashid sharia. Because with the elimination of the principle of strict liability will weaken environmental law enforcement against environmental damage due to B3 waste, while B3 waste will have a harmful impact on human survival. The elimination of this principle in environmental protection will weaken law enforcement against corporations that harm the environment. The elimination of the principle of strict liability will certainly have an impact on resolving environmental disputes, so that people will have difficulty in accessing justice because they are burdened with proving the elements of guilt and the restoration of the environment is not optimal.

94/PMH/2023

94/PMH/2023

Perpustakaan FSH Lantai 4

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