TANGGUNG JAWAB PERDATA PERUSAHAAN TERHADAP PENCEMARAN LINGKUNGAN BERDASARKAN PERATURAN PEMERINTAH NOMOR 22 TAHUN 2021 TENTANG PENYELENGGARAAN PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

Abstract

In cases of environmental pollution and/or destruction in court carried out by companies, the court has not maximally applied the principle of absolute responsibility (Strict Liability). This legal research is normative legal research by looking for rules, norms (das sollen) and behavior (das sein). Article 1365 of the Civil Code which states that every act that is against the law and brings harm to another person, requires the person who caused the loss through his fault to compensate for the loss and Article 1366 of the Civil Code which states that every person is responsible not only for losses caused by his actions, but also for losses caused by negligence or lack of care.