Pregledni rad
https://doi.org/10.7225/toms.v13.n02.w08
Regulatory Framework on Ocean Threats – Transportation Law Analysis to Multiple Oil-Spill Cases in Indonesia
Bambang Sugeng Ariadi Subagyono
; Airlangga University, Faculty of Law, Surabaya, East Java, Indonesia
*
Maradona Maradona
; Airlangga University, Faculty of Law, Surabaya, East Java, Indonesia
Hilda Yunita Sabrie
; Airlangga University, Faculty of Law, Surabaya, East Java, Indonesia
Mochamad Kevin Romadhona
; Airlangga University, Faculty of Social and Political Sciences, Surabaya, East Java, Indonesia
Bambang Suheryadi
; Airlangga University, Faculty of Law, Surabaya, East Java, Indonesia
Zahry Vandawati Chumaida
; Airlangga University, Faculty of Law, Surabaya, East Java, Indonesia
Ajeng Anggraeni
; Airlangga University, Faculty of Fisheries and Marine, Surabaya, East Java, Indonesia
* Dopisni autor.
Sažetak
This research aims to analyse the legislation pertaining to the environment and transportation as outlined in Article 1 point 1 of Law No. 22 of 2001, which deals with oil and natural gas. The Minister of Energy and Mineral Resources' Regulation No. 7 of 2019 Article 1.2 relates to the management and use of oil and gas. Articles 316, 318-322, 324-329, and 332 govern criminal offenses committed in the maritime domain. This study employs a doctrinal legal research methodology, using both conceptual approach and statutory approach. The agreement for the maritime transportation of commodities establishes rights and duties that the involved parties are required to fulfill. One of the duties and liabilities of the carrier is to maintain the security of the vessel and the merchandise it transports. The legal framework governing the transportation of commodities is established under Articles 466 to 520 of the Criminal Code. This concept is founded upon two additional ideas, i.e. strict liability and the absence of the necessity to establish the party responsible for environmental damage prior to attributing blame. The principle of strict responsibility in Indonesian national law is governed by Article 88 of Law No. 32 of 2009, which pertains to environmental protection and management. This article only focuses on the environmental degradation and marine contamination resulting from oil spills. The obligation for transportation in maritime agreements and the legal repercussions for causing marine pollution must be followed by all the sea transportations company especially carrying dangerous material.
Ključne riječi
Marine pollution; Environment protection; Sea transportation; Oil spill
Hrčak ID:
321961
URI
Datum izdavanja:
21.10.2024.
Posjeta: 0 *