Principle of Obligation to Pay in Terms of Pollution at Sea

DOI

10.2991/icglow-19.2019.74How to use a DOI?

Keywords

Pollution, Obligation to Pay, Compensation, Pollution Prevention.

Abstract

One of the basic rights for all citizens is the right to a healthy environment. UNCLOS contains general provisions relating to environmental issues. One of UNCLOS's provisions is that States have the obligation to protect and preserve the marine environment. In terms of legal substantial, as a form of the constitutional mandate imposed on the government of the Republic of Indonesia is with the approval of the House of Representatives, the president ratified the legal regulations namely Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 32 of 2014 concerning Maritime Affairs. The principle of obligation to pay for pollution is regulared by the Organization for Economic Co-Operation and Development (OECD) in 1972. Regarding the Competence of Courts, the follow up of compensation in accordance with the CLC can only be done based on the court decision of the member state of the convention in the territorial environment where the sea accident occurred. If accidents and pollution occur in Indonesian marine, the investigation of the case is carried out by the Indonesian court based on the applicable laws and regulations. Legal liability in accordance with the CLC convention applies the Strick Liability principle with the exception of damage as a result of war or natural disasters, as a result, and sabotage of another party or damage caused by another party does not maintain navigation aids properly. In the Elucidation of article 87 of Law No. 32 of 2009 it is stated that the perpetrators of pollution in addition to paying compensation, the judge can burden the pollution perpetrators to take certain legal actions, for example, orders for a. installing or repairing waste treatment units so that the waste is in accordance with specified environmental quality standards; b. restore environmental functions; and/or c. eliminate or destroy the cause or emergence of environmental pollution and/damage.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Lynda Asiana
AU  - Supanto
AU  - Hari Purwadi
PY  - 2019/10
DA  - 2019/10
TI  - Principle of Obligation to Pay in Terms of Pollution at Sea
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 300
EP  - 304
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.74
DO  - 10.2991/icglow-19.2019.74
ID  - Asiana2019/10
ER  -