Holding Corporations Liable for Open Mine Pits: The Application of Strict Liability in Environmental Law Enforcement against Illegal Coal Mining in Bengkulu Province Holding Corporations Liable For Open Mine Pits: The Application Of Strict Liability In Environmental Law Enforcement Against Illegal Coal Mining In Bengkulu Province

Abstract

Illegal coal mining can cause ecosystem destruction, land degradation, pollution, and threats to public safety. Corporate organizational structures and legal relationships can further complicate the identification of responsible parties. This study analysed the regulation of illegal coal mining and corporate strict liability under Indonesian environmental law, examined its application in Bengkulu Province, and identified normative and institutional obstacles alongside measures to strengthen implementation. A normative juridical method was employed, combining statutory, conceptual, and case approaches. The analysis examined legal provisions governing mining activities, environmental protection and management, corporate liability, and strict liability. The findings indicate that Article 88 of Law Number 32 of 2009 provides a legal basis for imposing strict liability on specified activities that pose serious environmental threats. In Bengkulu Province, implementation faces challenges concerning the construction of legal norms, establishing links between corporate activities and environmental damage, identifying responsible parties, and coordinating law enforcement institutions. The study concludes that strengthening corporate accountability requires clearer regulatory provisions, greater institutional capacity, improved monitoring mechanisms, and consistent law enforcement. These measures are expected to support the effective application of strict liability, strengthen environmental protection, and prevent corporations from benefiting from illegal mining activities that cause environmental damage.