Journal Article
Published
THE APPLICATION OF STRICT LIABILITY ON CORPORATION OF FOREST AND LAND FIRES ON THE PERSPECTIVE OF ENVIRONMENTAL LAW AND FIQH AL-BIAH (An analysis of decision Number:456/Pdt.G-LH/2016/PN Jkt. Sel)
Abstract
Problems related to environmental damage is a hot
topic discussed today. Aside from being concerned with the
basic needs of all humanity, environmental degradation
goes hand in hand with economic and technological
advancements which are expected to lead to human
benefit and prosperity. One of the efforts made to provide
environmental protection is to adopt the application of
Strict Liability in Anglo Saxon countries in solving cases of
environmental damage caused by corporations. According
to the principle of strict liability, the claim is not based
on an element of error but is based on the impact of the
defendant’s actions. One example of a forest and land
fire that was successfully decided based on Strict Liability
is the decision number: 456 / Pdt.G-LH / 2016 / PN
Jkt Sel. On the other hand, environmental problems are
also closely related to spiritual issues. As a living solution,
Islam provides views through Muslim scholars regarding
environmental issues with the inception of the idea of Al-
Biah Fiqh. The approach taken through Maqasid Syariah,
by combining hifdz al-biah as a matter of dharuriyat. This
was supported by Mustafa Abu Sway and also Ali Yafie.
The results of this study indicate a paradigm difference
between the more reductionist environmental law and a
more holistic environmental law. But even so, Strict Liability
can be adjusted with fiqh al-biah with several conditions
Publication Details
JournalIjtihad
Volume13 (2)
Pagespp. 193-217
ISSN1907-4514
SubjectsK Law > K Law (General)
KeywordsStrict Liability, Environmental Law, Fiqh al-Biah, Maqasid Sharia
Item ID2223
Deposited26 Mar 2023 03:22