Skripsi
TANGGUNG JAWAB MUTLAK (STRICT LIABILITY) DALAM KASUS REKLAMASI TELUK JAK ARTA YANG MENIMBULKAN KERUSAKAN PADA LINGKUNGAN LAUT (MARINE ENVIRONMENT)
Beginning in 2015, reclamation activities in North Jakarta Bay is still
going on till now. It is aimed to widen DKI Jakarta’s area, because it has
been heavily populated and thus needs more land for accommodating its
huge population. It is met by the recla
mation of islands, 17 in total,
designated A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, and Q. The
reclamation activities in Jakarta Bay have damaged marine environment.
The research problem was, How the damage of environment caused by
the reclamation a
ctivities in Jakarta Bay is? And, Can Strict Liability be
applied to the reclamation activities and venture in Jakarta Bay?
The research method used was a legal research method with a
juridical
-
normative approach, and the research used primary, secondary
,
tertiary materials. The data analysis method applied was a juridical
-
qualitative method, that is, the data obtained was then arranged
qualitatively so as to get clarity on the problem dealt with, in form of
descriptions, with no mathematical computation
or numbers.
Based on the research result and discussion, it could be concluded
that the reclamation activities in Jakarta Bay have caused some damage
of environment resulting from hazardous wastes such as organic, heavy
metal, sediment, etc. wastes, ne
gatively affecting both humans and
environment. Though the developers have been cautious in performing
their activities, they should be liable for the harms caused by the activities.
Therefore, in the case of reclamation activities in Jakarta Bay strict li
ability
based on UNCLOS 1982 Article 235 and Law No. 32 of 2009 on
Environmental Protection and Management can be applied.
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