Comparative Study of Strict Liability in Handling Industrial Pollution in the Fishing Industry in Indonesia and Malaysia

DOI

10.2991/978-94-6239-785-9_58How to use a DOI?

Keywords

Compensation; Environmental Restoration; Fishing Industry; Strict Liability

Abstract

This study analyzes strict liability as the basis for corporate civil liability in fishing industry pollution cases, comparing Indonesia and Malaysia. Using normative legal research with statutory, conceptual, and comparative approaches, this study examines legal frameworks and enforcement practices. In Indonesia, strict liability is regulated under Article 88 of the Environmental Protection and Management Law (UUPPLH). However, it applies generally without differentiating between land and sea regimes, and enforcement heavily prioritizes financial compensation over environmental restoration, creating a restorative justice gap. In Malaysia, pollution is governed by the Environmental Quality Act 1974 and tort law. The comparison reveals that while both nations possess strict liability mechanisms, enforcing restorative sanctions faces greater procedural, financial, and technical hurdles than compensation. Consequently, this study recommends harmonizing liability standards within ASEAN to prioritize environmental restoration. Strengthening institutional capacity is crucial to ensure that civil sanctions effectively restore marine and coastal ecosystems, establishing restoration as a primary—rather than secondary—remedy in industrial pollution cases.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Aulia Rifai
AU  - Marwah Marwah
AU  - Amaliyah Amaliyah
AU  - Rezky Amalia Syafiin
PY  - 2026
DA  - 2026/10/07
TI  - Comparative Study of Strict Liability in Handling Industrial Pollution in the Fishing Industry in Indonesia and Malaysia
BT  - Proceedings of the UUM 13th International Legal Conference 2025 (UUMILC 2025)
PB  - Atlantis Press
SP  - 823
EP  - 829
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6239-785-9_58
DO  - 10.2991/978-94-6239-785-9_58
ID  - Rifai2026
ER  -