The spirit to simplify various rules relating to the process of trying to become a soul in this draft law. Simplification is not only in the meaning of business to simplify processes that were previously difficult and ineffective. But in the meaning of pruning various important rules.
According to several parties, to a number of important articles to be trimmed, namely Article 88 of Law Number 32 Year 2009 concerning Management and Environmental Protection concerning absolute proof in the responsibility of every person whose business, and / or activities use toxic, dangerous and toxic waste, produce and / or manage waste, and / or that pose a serious threat to the environment without the need for proof of error.
The loss of absolute proof without the need for proof of the element of error that does not impose proof of error by the plaintiff will hamper the process of environmental law enforcement. Especially in corporate liability. This absolute proof makes it easier to prove if an activity that pollutes or damages the environment occurs. The burden of proof will be borne by parties suspected of committing pollution or environmental damage.
Considering that there are various activities that significantly cause environmental pollution or damage which is very detrimental to the community and ecosystem. But it is not easy to detect and prove it. So the removal of proof without error will certainly be very difficult for those affected to sue the polluter or destroyer. However, please note that the assumption is based on mere assumptions. We must remember that the Omnibus Law has not yet come out and only the draft is circulating. Moreover, Omnibus Law is a new program from the government, so it is still open for evaluation in the future. For this reason, you should not always reject programs issued by the government, it is better to provide constructive criticism so that the Omnibus Law can be better at improving the people’s welfare.
