Responsibility and Liability of Marine Pollution by Oil - Balikpapan Bay Pollution Case

Dina Sunyowati, Annisa Firdhausy

Abstract

Incidents of marine pollution occurred once more in Indonesian waters. It took place in Balikpapan Bay on March 31, 2018 due to the fact that PT Pertamina, Co. subsea pipeline was cut off then the crude oil contamined the sea. The problem is all about who is responsible and liable in restoring those destructions?, It also the problem how to enforce the law on this case. Based on the collected data, there come up casualties, environmental pollution and the fishermen’s losses. This research methode uses juridical-normative together with the statute and conceptual approach. The purpose is to recognize how the law enforcement in environmental pollution does and who the responsible person is. The result of the research stated that the main focus of the effort has been done to overcome the emergency post-oil spill occurred in various ways, in line with Presidential Regulation No. 109/2006, including the polluter pays principle and strict liability. This is in accordance with the 1992 Civil Liability Convention and Convention on Compensation for Oil Pollution Damage 1971. Meanwhile, consistent with Law No. 32/2009, the polluters are also compulsarily required to restore the environment from damages to the marine ecosystem. Therefore, the government may apply for additional compensatory restoration.

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Paper Citation


in Harvard Style

Sunyowati D. and Firdhausy A. (2018). Responsibility and Liability of Marine Pollution by Oil - Balikpapan Bay Pollution Case.In Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS, ISBN 978-989-758-348-3, pages 645-648. DOI: 10.5220/0007548706450648


in Bibtex Style

@conference{icps18,
author={Dina Sunyowati and Annisa Firdhausy},
title={Responsibility and Liability of Marine Pollution by Oil - Balikpapan Bay Pollution Case},
booktitle={Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS,},
year={2018},
pages={645-648},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0007548706450648},
isbn={978-989-758-348-3},
}


in EndNote Style

TY - CONF

JO - Proceedings of the 2nd International Conference Postgraduate School - Volume 1: ICPS,
TI - Responsibility and Liability of Marine Pollution by Oil - Balikpapan Bay Pollution Case
SN - 978-989-758-348-3
AU - Sunyowati D.
AU - Firdhausy A.
PY - 2018
SP - 645
EP - 648
DO - 10.5220/0007548706450648