Strict Liability of The Corporation Cause The Fires of Plantation Land Pose a Serious Threat Rony Andre Christian Naldo (a), Bismar Nasution (b), Alvi Syahrin (c), Ningrum Natasya Sirait (d)
Universitas Sumatera Utara, Medan, Indonesia
Abstract
A corporation is a legal subject that bears legal rights and obligations. In carrying out oil palm plantation business activities, corporations are obliged by law to implement Corporate Social Responsibility (CSR) which includes the Triple P bottom line (Profit, People, Planet) in order to realize sustainable development. In relation to the legal obligation to implement CSR, in carrying out it^s business activities the corporation is prohibited from clearing or cultivating plantation land by burning. Plantation land fires can cause serious threats that cause enviromentall losses, especially if they occur during the Corona Virus Disease 2019 as it^s today. This paper will discuss on the concept strict liability of corporate because plantation fires cause serious threats. This research is prescriptive, which used normative methods, with the type of statutory approach and concepts. As conclusion, the concept strict liability of corporate because plantation land fires that cause serious threats include 13 (thirteen) legal provisions, which still have 4 (four) weaknesses. With the existence of these 4 (four) weaknesses, coupled with the existence of the principle of freedom of judges, it^s emphasized that the government hasn^t seriously implemented strict liability for corporation because plantation fires pose a serious threat.
