Implementation of Strict Liability Principle in Civil Law Enforcement InEnvironment Law Files As Consequence of Forest and Land Fire in IndonesiaJustice Practice

Strict liability is a concept of civil liability that does not require mistakes made by the defendantbut rather defendant has caused losses to the plaintiff. strict liability can help enforcement ofenvironmental law that is oriented towards prevention. this is because strict liability can change thebehavior of potential injurer to be more conscientious in performing their activities. the effectiveness ofstrict liability in supporting these ideals can certainly be realized if we first can correctly interpret theconcept of strict liability. strict liability is well known in the practice of civil justice in indonesia inrelation to the elements of error in the lawsuit based on acts against the law in article 1365 of the civilcode (bw). although the elements of objective and subjective errors are irrelevant if the action of theperpetrator is an activity with risk that whether the perpetrator has made a preventive effort and has beencareful does not meant that risk is eliminated (abnormally dangerous activity). the application of strictliability in relation to civil law enforcement in the field of environmental law, especially as a result offorest and land fires in judicial practices in indonesia is based on the provisions of article 88 of lawnumber 32 of 2009 concerning environmental protection and management (uupplh) as in the case ofland fires in pt. (incorporated) arjuna utama sawit which runs its business activities in controlling andopening land for oil palm plantations.