The Concept of Strict Liability in Indonesian Criminal Law and Its Application to Environmental Crimes

Abstract

The concept of strict liability in Indonesian criminal law plays a crucial role in upholding accountability for crimes in which fault is difficult to prove, particularly in environmental cases. The complexity of environmental crimes, which often involve large corporations and have widespread impacts, requires effective and adaptive legal mechanisms. This study aims to analyze the position of strict liability in the Indonesian criminal law system, the scope of its application, and its relevance to environmental protection. The research method used is normative juridical with a statute approach and a conceptual approach, as well as the collection of legal materials through a literature review of relevant laws and legal literature. The results of the discussion indicate that strict liability is an exception to the principle of fault that is applied only to cases with broad impacts on the public interest, such as water, air, and land pollution, and ecosystem destruction. This principle emphasizes accountability for the consequences of actions, accelerates damage recovery, encourages corporate compliance, and strengthens public protection. In conclusion, the application of strict liability makes environmental criminal law in Indonesia more adaptive, preventive, and restorative, effectively balancing the interests of economic development with environmental sustainability.