Marine pollutions in Indonesia: Contradiction between regulations and settlement conditions

Abstract

Exploration activities at sea continuously and lack of attention to environmental impacts actually have an impact on marine pollution such as Asphalt leaks in tankers in the North Nias sea in March 2023. Even though there has been a convention on the law of the sea to national legal regulations in Indonesia. The description of the above problems needs to be examined comprehensively in the following discussion, which is then formulated by examining the condition of marine pollution settlement in Indonesia and the legal construction of marine pollution liability in Indonesia. The results of the study show that the condition of marine pollution settlement in Indonesia has yet to be entirely carried out through concrete law enforcement. The disparity in the settlement of environmental pollution shows that there is still weak law enforcement carried out by the Indonesian government. It opens space for marine pollution to continue to recur. If referring to the 1982 UNCLOS and the Law on Ratification of UNCLOS and the PPLH Law, the settlement can be carried out by requesting absolute liability due to acts of pollution carried out by requesting compensation following the Polluter Pays Principle.