Civil Law Construction Regarding Strict Liability by Corporation

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Abstract

Environmental issues that heavily involve companies create new legal problems regarding the legal liability imposed on these companies. The concept of legal liability with the concept of strict liability becomes a means or solution in resolving the issues that arise between environmental damage and companies that manage natural resources as the main capital for their production activities. The concept of strict liability can be applied to companies that do not fulfill their social functions and responsibilities towards the environment and the state (the welfare of the people). This research uses several case data of companies that do not fulfill their social responsibilities and employs a legal approach that regulates the obligations of companies in carrying out social responsibilities as well as the sanctions imposed on illegal companies (those that do not fulfill their social responsibilities). With the proven violation of social responsibility regulations by a Company, and the formulation of the strict liability concept in Company sanctions, the Company can automatically be subjected to the revocation of permits and cessation of all natural resource production activities. The construction of civil law with a strict liability approach will provide legal effectiveness to impose deterrent effects and achieve environmental restoration for the violations that occur.

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