Principle Of Strict Liability Research Articles

Managing ignorance to preserve anti-doping cosmology – the case of contamination

ABSTRACT This article addresses contamination within anti-doping as a scientifically complex and politically critical source of ignorance, representing a threat to the World Anti-Doping Agency’s (WADA) credibility. Contamination can be described as any situation in which athletes come in contact with prohibited substances through their environment, without their fault, and is an unknown looming over athletes and anti-doping organisations alike. Dealing with contamination is a vital stake for WADA as the phenomenon jeopardises institutional features of anti-doping, including the strict liability principle whereby athletes are deemed responsible for whatever is present in their body. Building on studies of ignorance in organisations, this article draws from frame analysis to apprehend WADA’s policy response to contamination. Through WADA Minutes and other releases over the period 2000–2023, we analyse how WADA handles and justifies shifts in its framing of contamination towards its global audiences. Our results show that organisational attitude towards ignorance is a dynamic process. This process intertwines with the organisation’s need to maintain its credibility, especially where elucidating the issue threatens components constitutive of its community’s cosmology as defined by Goffman. The concept of ‘frame consistency’ illuminates how this requires the organisation to retain the community’s trust by convincing them that its framing remains coherent over time and that the policy issue can be mastered without undermining the system’s overarching principles. To achieve these goals, WADA mobilises techniques of impression management, also relying on the institutions of science and the law as guardians of its cosmology.

Fundamentality of Indonesia’s Economy Development: Emphasizing Responsibilities on Genetically Modified Products Consumption

Genetically modified food's potential risks to human health create legal discussions on the producer’s responsibility. In the context of Indonesia's economic development, emphasizing the producer’s responsibility is vital in providing legal protection for genetically modified food products’ consumers. Hence, this research aims to identify the producers’ responsibility for genetically modified food products in Indonesia in relation to the development of the national economy. According to the result, the responsibility of genetically modified products food producers toward consumers’ losses has yet to fulfill the principle of justice. The main reason is the distinct economic position, where producers have broader power than consumers. Thus, the strict liability principle’s implementation will protect the position of genetically modified food product consumers to serve justice. Applying the strict liability principle to producers’ responsibility will foster a prudent attitude toward genetically modified food production. Moreover, this principle will maintain the quality of the products and contribute to Indonesia's economic development. This research uses normative and empirical juridical approaches.

Applying the Principle of Strict Liability in Environmental Protection

Forest and land fires are an unavoidable chore for Indonesia every year. Law enforcement continues to be pursued to hold the perpetrators responsible for the losses arising from the fires. This research analyses the validity of PT WMA's corporate position as a legal subject to be liable using the principle of strict liability for fires that occur in Indonesia. It also analyses the application of collateral confiscation in providing certainty over liability in accordance with the applicable verdict. This research is normative juridical in nature by analysing Decision Number 234/Pdt.G/LH.2016/PN.Plg by using several approaches, namely juridical approach, statutory approach and conceptual approach. Based on the results of the research, it is concluded that PT WMA is legally a legal subject that is absolutely responsible for the fires that occurred in its work area and the application of collateral confiscation can be carried out if this is confirmed in environmental legislation, especially to regulate the asset verification mechanism.

PENYELESAIAN SENGKETA TERHADAP LINGKUNGAN HIDUP DI MASYARAKAT MELALUI MEJA HIJAU

Litigation or non-litigation may be used to settle an environmental dispute in the environmental law court. the resolution of the environmental conflict through the legal system with a claim based on Article 1365 of the Civil Act and Article 87 of Act Number 32, 2009 about the Protection and Environmental Control. The absolute strict liability principle is applied to acts and/or conducts that use disposal B3 or that pose a substantial threat to the environment.

Development of nuclear industry: The roles of international civil liability legal regime for nuclear damage

As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, "Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded." Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. The paper reveals that with the awareness of protecting public's rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry.

OPPORTUNITIES FOR IMPLEMENTING THE PRINCIPLE OF STRICT LIABILITY AS A BASIS FOR CORPORATE CRIMINAL RESPONSIBILITY IN ENVIRONMENTAL OFFENSES

Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its explanation, only regulate strict liability as a civil responsibility. The UUPPLH does not provide provisions on whether the principle of strict liability can be applied as a model for criminal liability, particularly for legal entities or corporations recognized as legal subjects in criminal law (rechtperson). This research aims to analyze and examine the implementation of the principle of strict liability in the UUPPLH and to analyze that violations of environmental offenses under the UUPPLH by corporate legal subjects can be subjected to strict liability as criminal responsibility. The criminal responsibility adopted by Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of fault. Therefore, in applying the strict liability principle in court, it is only used for civil claims, and its use in criminal law enforcement is minimal, as evidenced by several court decisions. In conventional criminal law, criminal liability is based on fault, commonly known as the principle of no punishment without fault (geen straf zonder schuld). However, the principle of strict liability, as liability without fault, is also recognized as a fundamental principle in criminal responsibility.

Transferred Malice: Historical Underpinnings of the Rule and Legal Arguments for Its Abrogation

The history of transferred malice is as long as that of the offence of murder with respect to how it was conceived and is traditionally applied. It ensures the maximum protection of human life, transferring mens rea away from the intended victim of the offence to the actual victim. The Italian Criminal Code in force places the rule in the ‘General Part’ of the law, formally enabling its application to every offence. The first part of this essay focuses on the development of transferred malice across the earlier criminal codes of the Italian kingdoms. Then, I present the highlights of the development of the academic debate at the time the criminal code in force was drafted. Finally, I claim the rule should be repealed because of its contradiction with European and domestic rules on victim protection and the strict liability principle in criminal matters.

Analisis Yuridis Pertanggungjawaban Tindak Pidana Pencucian Uang Melalui Aset Kripto Di Indonesia

Both Indonesia and countries that guide the establishment of crypto asset regulations such as America, Singgapura, and Japan, also face challenges related to their aspects and systems. With these aspects and systems, it will continue to complicate criminal liability for perpetrators who commit laundering. Theissues raised are; 1. How is the regulation regarding Money Laundering Crimes committed through Crypto Assets in Indonesian criminal law, 2. How is the Responsibility for Money Laundering Crimes committed through Crypto Assets. The research method used is normative juridical by examining from the point of view in the form of aspects of legality and criminal responsibility for perpetrators of money laundering through crypto assets based on Indonesian positive law. The results of the research obtained are; 1. The existing regulations in Indonesia currently relating to crypto assets, none of which include criminal provisions for perpetrators who use crypto assets as a mode of committing criminal acts. However, provisions in Law No. 11 of 2008 concerning Electronic Information and Transactions can be imposed on actors who use crypto assets as a new medium in committing criminal acts. And the use of crypto assets can also be classified as a mode of committing money laundering crimes, provided that the money converted into crypto assets comes from the proceeds of criminal acts as stated in article 2 of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering. 2. Criminal liability for perpetrators who misuse crypto assets as a mode of committing money laundering can be subject to articles 3, 4, and 5 of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. This is based on the normative error theory, the principle of strict liability and based on the judge's consideration in the decision of case No. 1240/Pid.Sus/2022/PN.Tng

Perlindungan Hukum Terhadap Konsumen Atas Peredaran Produk Kosmetik Ilegal Yang Mengandung Bahan Berbahaya (Studi Badan Pengawas Obat dan Makanan Medan)

Currently, there are many illegal cosmetics circulating in the market, whether they do not have a distribution permit or contain hazardous materials, including local and imported cosmetics. Therefore, it is necessary to have legal protection for consumers so that their rights are still fulfilled for the losses they experience. Cosmetic products are supervised by the Food and Drug Supervisory Agency or BPOM which is in charge of supervising the distribution of cosmetics as well as medicines and food in Indonesia. The research objectives to be achieved in this study are to find out how the law provides protection to consumers against the occurrence of illegal cosmetic circulation, to find out how the legal rules for the circulation of illegal cosmetics in Indonesia are, and to find out how legal remedies can be taken by the public for the circulation of illegal cosmetic products. . The research methods used are: Library Research and Field Research. Types of Normative Juridical Research. The conclusion obtained is that legal protection for consumers can be done by applying the principle of Strict Liability, namely mistakes are not a determining factor, but there are exceptions that allow business actors to be released from responsibility due to compelling circumstances. With the principle of absolute responsibility, it is hoped that business actors will prioritize the interests or rights of consumers, so that consumers do not experience losses for their actions or for cosmetic products produced or sold. The legal arrangements for the distribution of cosmetics in Indonesia include Law Number 8 of 1999 concerning Consumer Protection, Law Number 36 of 2009 concerning Health, BPOM Regulation Number 2 of 2020 concerning Supervision of Production and Distribution of Cosmetics, etc. Legal remedies that can be taken by the community are through the Court (Litigation) and BPSK (Non-Litigation).

Strict Liability as a Counterbalance to the Principle of Error in Indonesian Criminal Law

This study wants to reveal how the criminal law policy in formulating the principle of strict liability now and in the future. This research is included in the type of normative juridical research. The data collection technique in this research is in the form of literature study. The data obtained were analyzed by analytical descriptive. The results of this study indicate that the current criminal law policy in formulating the principle of strict liability can be found in several Indonesian laws and foreign laws with several formulation models. The strict liability principle in the RKUHP as a counterbalance to the principle of error does not provide more complete arrangements regarding the limits of criminal acts that can be subject to strict liability, besides that there is no regulation regarding defense as one of the characteristics of the formulation of the strict liability principle. The results of the comparative study concluded that the application of the principle of strict liability in the RKUHP requires limits, measures, and defense regarding which actions can be applied with strict liability considering that the principle of strict liability serves as a counterweight to the principle of 'no crime without fault'.

Implementation of Strict Liability by Companies in Cases of Environmental Damage in Indonesia: An Overview of State Administrative Law in Indonesia

Strict liability in the context of companies in environmental damage refers to the legal principle which states that companies can be held fully responsible for environmental damage resulting from their operational activities, without having to prove the fault or negligence of the company. This means that the company can be held responsible for environmental damage caused, whether intentionally or unintentionally. This study used normative legal research, while the approaches used are combining statutory, a conceptual and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia. The principle of strict liability in environmental damage has a number of important implications. First, companies are required to take careful precautions in their operations to prevent environmental damage. They must follow strict environmental standards and implement suitable technologies to reduce their negative impact on the environment. Second, companies must pay compensation for environmental damage resulting from their operations, even if they are not to blame for the damage. The principle of strict liability eliminates the need to prove the company's fault or negligence, therefore that the company must be financially responsible for the environmental losses incurred.

Environmental Disputes Without Protection Of Strict Liability Principles: Again, Law On Job Creation

The 1945 Constitution of the Republic of Indonesia in Article 28 H paragraph 1 states that a good and healthy environment is a human right and a constitutional right for every Indonesian citizen. The form of environmental protection is then accommodated, one of which is Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH) through the Strict Liability principle or what is called absolute liability for every party who pollutes and destroys the environment caused by Hazardous and Toxic Materials (B3) and waste of Hazardous and Toxic Materials without the need to prove of the element of fault first. However, after the enactment of Law Number 11 of 2020 concerning Job Creation, absolute liability for perpetrators of environmental destruction was lost because the phrase “without the need to prove of an element of fault” was abolished so that accountability was based on mistakes (liability based on fault). The purpose of this study is to determine the impact of eliminating the principle of strict liability in the settlement of environmental disputes in Indonesia. The research method used is normative legal research using statutory, conceptual, and case approaches. Based on the results of the study, it shows that the abolition of strict liability in the Environmental Protection and Management Law will burden victims in environmental disputes, especially ordinary people, to ask for accountability because of the complexity of proving the element of error in industrial activities that use high technology and are related to Hazardous and Toxic Materials (ultrahazardous activity dan abnormally dangerous). Keywords: Job Creation, Liability Based on Fault, Environmental Dispute, Strict Liability

KAJIAN TERHADAP UU CIPTA KERJA KLUSTER LINGKUNGAN HIDUP ATAS DIHAPUSNYA PRINSIP STRICT LIABILITY

Indonesia adapted the concept of strict liability for the disposal of B3 (Hazardous and Toxic Materials) waste into the 1982 and 1997 Environmental Management Laws. However, only in the Environmental Management and Protection Act Number 32 of 2009 (UUPPLH), this principle more firmly listed. UUPPLH emphasizes that as long as there is an action that causes damage, the perpetrator must be responsible for restitution or compensation for damage to the victim without the need for supporting evidence. This principle has proven to be effective in instructing corporations to provide material compensation (ecosystem rehabilitation and compensation to victims) and immaterial (for example, counseling assistance to victims who have lost their livelihoods due to environmental damage). The enactment of Law Number 11 of 2020 concerning Job Creation/Omnibus Law as a national legal development policy directed at the ideological role model of legal centralism (legal centralism resulted in a shift in policy in the agrarian and environmental sectors. The abolition of the strict liability principle in the Job Creation Law will increase opportunities corporations escape legal proceedings for environmental crimes they commit and add to the burden on victims. From the normative study, it can be seen that the principle of absolute responsibility is used in carrying out a person's activity which is categorized as ultrahazardous (very dangerous) so that person has an obligation to bear all losses that arise. The disappearance of the phrase "without the need to prove an element of guilt" in the Job Creation Act is one of the setbacks in environmental law enforcement. The Job Creation Act shifts the policy of criminal sanctions against environmental crimes with administrative sanctions that are prioritized as stated in Article 82B paragraph (2) letter aKeywords: Corporation, omnibus law, strict liability, law enforcement

BERITA BOHONG DAN MENYESATKAN TENTANG INFORMASI PRODUK DALAM KONTRAK ELEKTRONIK

Freedom of expression through the use of Information Technology is carried out by taking into account the restriction not to contain false and misleading news. This study aims to determine the legal consequences of false and misleading news regarding product information in electronic contracts and to formulate the legal liability of business actors against false and misleading news about product information in electronic contracts. Typology The research methods are normative research, legal approach, data collection techniques through document studies and qualitative data analysis methods. The results of the study show that false news related to product information in electronic contracts violates subjective conditions, resulting in the agreement being cancelled, while "misleading" includes objective requirements because the non-fulfillment of the halal conditions causes the agreement to be null and void. lying and misleading regarding product information in electronic contracts based on the principle of strict liability and the form of liability is the imposition of contractual sanctions in civil law, product liability, administrative liability and criminal liability. Suggestion: Business actors must have good faith in making contracts and the Electronic Information and Transaction Law needs to regulate liability as a result of providing electronic information that contains false and misleading news.

Degradasi Norma “Strict Liability” Dalam Penegakan Hukum Lingkungan

Law enforcement on cases of environmental pollution and/or destruction is very difficult to implement in Indonesia. One of the contributing factors is the normalization of the principle of strict liability which is not firm and has a limited scope. This study aims to analyze legal issues regarding the normalization of the principle of strict liability in UUPPLH and its application in law enforcement in cases of pollution and/or environmental destruction. This research uses normative juridical research. The results show that the UUCK has deviated from the main characteristics of the strict liability doctrine, so the strict liability principle becomes meaningless and its purpose is degraded. Therefore, victims of environmental pollution and/or destruction are required to prove the element of guilt of the perpetrator when filing a lawsuit based on the strict liability principle from the UUCK in perspective.

IMPLEMENTATION OF SANCTIONS AGAINST THE PERFORMERS OF THE GIAM BIOSPHERE DESTROYER IN SIAK DISTRICT

Based on Article 50 of Law Number 41 of 1999 concerning Forestry, it is regulated that everyone is prohibited from encroaching on forest areas and cutting down trees in forest areas. The enactment of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has further strengthened the legal basis for forest protection in Indonesia. Based on Article 12 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, it is regulated that everyone is prohibited from cutting trees in forest areas. However, in 2017, the Riau Regional Police succeeded in uncovering a case of illegal logging that occurred inside the Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency. The method used in this research is sociological law research. The application of sanctions against perpetrators of forest destruction of the Giam Biosphere in Siak Regency based on Law Number 41 of 1999 concerning Forestry and Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction has not been optimal. The community cannot be blamed for forest encroachment and tree cutting inside the Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency because the Giam Siak Kecil-Bukit Batu Biosphere Reserve before it became a state-protected biosphere reserve was where the community lived. The Giam Siak Kecil-Bukit Batu Biosphere Reserve in Siak Regency has been inhabited and managed by the community for generations to meet the needs of daily life. There are two efforts made to prevent the destruction of the Giam Siak Kecil-Bukit Batu Biosphere Reserve forest, namely preventive efforts and repressive efforts. In addition, the concept of implementing administrative sanctions as primum remedium and the principle of strict liability offered in Law Number 32 of 2009 concerning Environmental Protection and Management is part of sustainable development efforts.

Evaluation Of Cash On Deivery System For Improving Legal Certainty In The Development Of Electronic Transactions In Indonesia

Online transactions using the Cash On Delivery (COD) payment method play an important role in increasing the intensity of electronic transactions in Indonesia, this is because the COD payment method can reach consumers who do not have bank accounts or other digital wallets. The increase in the use of this payment method is inversely proportional to the public's perception of misguided understanding of the COD payment method, resulting in new problems such as consumers who are reluctant to pay for goods that have been ordered to protests accompanied by threats to delivery couriers. This paper aims to examine the weaknesses in COD transactions so that evaluations can be carried out in order to increase legal certainty for all parties. The type of research used is normative juridical using the statutory and conceptual approach. This study uses secondary data as the main data and uses library research as a material collection technique. All materials that have been collected are then inventoried, classified, and analyzed using descriptive analysis which aims to describe the problem so that innovative solutions are obtained. There are several shortcomings in this COD method, such as: buyer's misconception of the COD system, disinformation of goods with real conditions, and complicated methods of purchasing goods. This deficiency can be overcome in several scenarios, namely: strengthening legal protection for couriers delivering goods, using the principle of strict liability and reversing the burden of proof (reversion of the burden of proof) in the protection of E-Commerce consumers, and simplifying the rules for returning goods.

Implementation of professional activity as an alternative to guilt in civil law: theory and practice

The subject of this research is the legal norms, doctrinal provisions and case law on the conditions of civil liability. The relevance of this topic is determined by the tendency to expand the list of cases of strict liability detected in comparison the current and Soviet legislation. However, the principle observed by the legislator in transferring cases from the "regime of fault liability" to the "regime of strict liability" is still a puzzle. For the purpose of systematicity of legislation and reasonable claim of strict liability, such principle should be captured in legislation. The goal of this research lies in determination of the condition of civil liability without fault. Using the method of legal induction, the author formulates the conclusion on the condition of strict liability based on the analysis of separate court decisions and legal norms dedicated to various cases of strict liability. A number of cases of civil liability without fault specified in the law are substantiated by a different (instead of fault) condition of liability, namely the implementation of professional activity that entailed civil violation. If the case of liability without fault specified in the law does not contain any other condition of liability alternative to fault, the corresponding rule should be excluded from the law due to groundlessness (for example, the rule on strict liability for obligations of the trustee in relation to individuals who are not the subjects of professional activity in this sphere; the rule on compensation for moral damages irrespective of guilt for distribution of discrediting information by a person who is not a professional distributor of mass media products). The author offers to legislate the principle of civil strict liability.

THE APPLICATION OF STRICT LIABILITY PRINCIPLE IN ACEH PROVINCE'S FOREST FIRE CASES

This article investigates the reason that is likely to cause inaccurate interpretation by an Indonesian Court and the application of the 'strict liability' principle in Aceh forest fire cases. Mainly, this article discovers the cause of inaccurate interpretation of strict liability is an insufficient legal instrument and the lackness of law enforcement while applying the strict liability principle. It is proposed to amend the law and regulations that are inconsistent with one another to ensure the principle's application and outlines a comprehensive procedure for imposing strict liability on the plaintiff, defendant, and judge. Keywords: Strict liability principle; Strict liability; Forest fire; Aceh forest fire cases; Environmental law.

Principle of Strict Liability in Narcotics Crimes and Efforts to Protect The Rights of Perpetrators

Narcotics abuse cases in Indonesia have been at an alarming level, which causes all levels of society to become targets of victims of narcotics abuse. Efforts to overcome this use two approaches in the narcotics law that regulate it, namely the penal approach and the non-penal approach, which are commonly referred to as the double-track system. As a form of transnational organized crime, narcotics crimes need special efforts to overcome them. Among the many substances of criminal legislation, one of the special measures that can be used is applying the benefits of the existence of the principle of strict liability. The discussion regarding the existence of the principle of strict liability will be the object of study in this paper, namely by using the normative legal research method which prioritizes the study of positive legal provisions and general legal principles. So, it can be found what the strict liability principle is in the teachings of criminal law and the use of the strict liability principle in enforcing criminal law in the field of narcotics in Indonesia. The principle of strict liability can be an option for a new breakthrough in the effectiveness and efficiency of combating narcotics crimes in Indonesia. Although the existence of the principle of strict liability in its implementation provides convenience and practicality for law enforcement officials in carrying out their duties, it also provides an opportunity for injustice. So that the focus of the application of the principle of strict liability is not only used as a means of making it easier but is more used to overcome injustice for the victim or the perpetrator in cases of narcotics abuse so that it will no longer cause an injustice that can injure the basic human rights contained in the paragraph 1 Article 28D of the Indonesia Constitution.Keywords: Narcotics, strict liability, transnational organized crime. Abstrak:Kasus penyalahgunaan narkotika di Indonesia sudah berada pada level yang mengkhawatirkan, yang menyebabkan semua lapisan masyarakat menjadi sasaran korban penyalahgunaan narkotika. Upaya penanggulangannya menggunakan dua pendekatan dalam undang-undang narkotika yang mengaturnya, yaitu pendekatan penal dan pendekatan non penal yang biasa disebut dengan sistem jalur ganda. Sebagai salah satu bentuk kejahatan transnasional terorganisir, kejahatan narkotika memerlukan upaya khusus untuk menanggulanginya. Di antara sekian banyak substansi peraturan perundang-undangan pidana, salah satu upaya khusus yang dapat digunakan adalah dengan menerapkan manfaat dari adanya prinsip pertanggungjawaban yang tegas. Pembahasan mengenai adanya asas strict liability akan menjadi objek kajian dalam tulisan ini, yaitu dengan menggunakan metode penelitian hukum normatif yang mengutamakan kajian ketentuan hukum positif dan asas hukum umum. Sehingga dapat diketahui apa prinsip strict liability dalam ajaran hukum pidana dan penggunaan prinsip strict liability dalam penegakan hukum pidana di bidang narkotika di Indonesia. Prinsip strict liability dapat menjadi pilihan terobosan baru dalam efektivitas dan efisiensi pemberantasan tindak pidana narkotika di Indonesia. Meskipun adanya prinsip strict liability dalam pelaksanaannya memberikan kemudahan dan kepraktisan bagi aparat penegak hukum dalam menjalankan tugasnya, namun juga memberikan peluang terjadinya ketidakadilan. Sehingga fokus penerapan prinsip strict liability tidak hanya digunakan sebagai sarana untuk mempermudah tetapi lebih banyak digunakan untuk mengatasi ketidakadilan bagi korban atau pelaku dalam kasus penyalahgunaan narkotika sehingga tidak lagi menimbulkan kerugian. ketidakadilan yang dapat mencederai hak asasi manusia yang terkandung dalam ayat 1 Pasal 28D Undang-Undang Dasar Negara Republik Indonesia.Kata Kunci: Narkotika; Strict Liability; Kejahatan Terorganisir Transnasional.