Liability of Business Actors for Environmental Pollution Related to Disposal of Waste Produced by Cattle Farms in Indonesia

Abstract

The fulfilment of human needs cannot be separated from the contribution of the cattle farming sector. In addition to the benefits of cattle farming, this business also has adverse impacts on the environment in terms of environmental pollution and global warming due to the solid, liquid, and gas waste. However, it can be minimized through the proper processing and disposal of cattle farm waste in accordance with applicable regulations in Indonesia, including Law number 32 of 2009 on Environmental Protection and Management (UUPPLH) and other regulations. This research aims to study the implementation of UUPPLH and the liability of cattle farming business actors who do not heed the regulations, leading to environmental pollution. This research used a normative research method with secondary data in the form of literature study and supported by primary data obtained from interview. The results of this research showed that the applicable regulations were in accordance with Gustav Radbruch's theory of legal objectives. Business actors were responsible for the pollution due to improper processing of cattle farm waste. The liabilities consisted of administrative, civil, and criminal liabilities. For civil liability, it was based on the Unlawful Acts (PMH) and the strict liability was determined in article 88 of UUPPLH. Therefore, business actors need to have self-awareness to carry out waste processing in accordance with regulations. Meanwhile, the government should take firm action against cattle farms that are intentionally or negligent in waste treatment and they need to conduct regular supervision in order to create a clean and healthy environment.