The Law Political Setting of Strict Liability Principles for Polluters in Environmental Law to Realize Ecological Justice

Abstract

The essence of environment is the source of life. Each environmental pollution should be held legally responsible. The use of the method liability strict environmental laws that put the burden of proof on the defendant, not a guarantee of protection of the environment. The presence of incompleteness of Article 88 of Law No. 32/2009, where the imposition of strict liability is limited to matters related to hazardous and toxic materials, whereas there are other aspects that potentially poses a serious threat to the environment. The problem studied is: What is behind the legal political settings? And what are the legal implications of setting strict liability laws are limited in the environment?

The method used to address normative studies done, with a qualitative approach, the analysis using the appropriate choice theory. From the research that the laws governing political principles of strict liability in environmental law puts more dominant in the context of the economic sense, i.e., as capital construction, so it cannot be realize ecological justice.

Keywords: Political law, strict liability, environmental law