The Relevance of the Principle of Unjust Action in the Indonesian Criminal Justice System: A Comparative Study in the Context of Environmental Responsibility

Abstract

The development of environmental law in Indonesia faces complex challenges between economic development needs and ecological protection demands. The purpose of this study is to analyze the relevance of the Unrechtmäßige Handlung principle to the development of an environmental liability system in Indonesia and to assess the extent to which this concept can strengthen the enforcement of environmentally just environmental law. This study uses a normative-comparative legal method, with a comparative legal approach between the German and Indonesian legal systems. The primary legal materials are the Bürgerliches Gesetzbuch (BGB), the Civil Code (KUHPerdata), and Law Number 32 of 2009 concerning Environmental Protection and Management, while the secondary legal materials include academic literature, legal journals, and related jurisprudence. The results of the study show that the principle of Unrechtmäßige Handlung is relevant to be applied in the Indonesian legal system because it is able to broaden the meaning of "unlawful" from merely a violation of written norms to a violation of norms of propriety, social responsibility, and environmental morality. This principle supports the application of strict liability and the polluter pays principle, which allows polluters to be held accountable without proof of fault, while strengthening a preventive and ecologically just legal paradigm.