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Abstract
Pollution disturbs the ecosystem's balance and endangers living things' survival. Therefore, the perpetrators of pollution must be responsible. In environmental cases, the principle of liability based on fault is burdensome for the plaintiff. Progressive judges are needed in a responsive system that favours the environment. The method used in this study is a doctrinal legal research method with a statutory and conceptual approach. The research results show that in the decision of case number 801/Pdt.G/LH/2019/PN Jkt.Sel, in a judge-fact manner, the defendant had carried out slash and burn during land clearing, and there was a widespread fire in the peatland area managed by the defendant. The fire caused pollution and environmental damage. The Environmental Protection and Management Act No. 32 of 2009 prohibits the slash-and-burn system. This slash-and-burn action by the company shows that the company did not take precautions in preventing forest fires; based on this, the judge decided that the defendant was guilty and liable under strict liability. In the abnormally dangerous activity category, the plaintiff does not need to prove if the defendant commits an activity that is detrimental but can directly demand accountability. This principle shows that judges have been progressive using the pro-environmental In Dubio Pro Natura paradigm. The use of this pro-environmental paradigm encourages judges to use the principle of strict liability, which is regulated in UUPPLH No. 32 of 2009, jurisprudence and the Decree of the Chief Justice of the Supreme Court of the Republic Indonesia Concerning the Enforcement of Guidelines for Handling Environmental Cases.