Compensation for Oil Pollution Due to Tanker Accidents in The Indopnesian System in a Justice Value Perspective

GEDE SUDIKA MANGKU, DEWA and NURHAYATI, BERNADETA RESTI and KRISTIANI PURWENDAH, ELLY and RANTAU ITASARI, ENDAH (2020) Compensation for Oil Pollution Due to Tanker Accidents in The Indopnesian System in a Justice Value Perspective. International Journal of Criminology and Sosiology, 9. ISSN 1929-4409

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Abstract

The sea potentially fulfills the interest of sea transformation; for example, the transportation of tankers. The Indonesian sea is included in the seas with the dense traffic of tankers causing the risk of oil pollution due to tanker accidents. For example, the three case of oil contamination caused by tanker accidents occurred in the Cilacap Sea, which is the largest oil refinery in Indonesia. This study aimed to find the value of justice for oil pollution losses due totanker accidents considering that Indonesia ratified the International Convention on the civil Liability 1992, along with its supplementary protocol. The international law principles (polluter pays principle, precautionary principle, and strict liability) for oil tanker losses caused by tankers have been applied to the national legal system. There were still overlapping authorities and the conflicts of authorities among the institutes in the period before 2015 before the establishment of the Coordinating Ministry of Marine Affairs.After the periodization of 2015 with the formation of the Coordinating Ministry of Marine Affairs, it is expected to resolve the loss of oil pollution as a result of tanker accidents using the rights method of calculating the loss of natural resources, taking into account the willingness to pay and the willing to accept between the insurance and victims.

Item Type:	Article
Subjects:	300 Social Sciences > 340 Law
Divisions:	Journal Publication
Depositing User:	Ms B. Resti Nurhayati
Date Deposited:	11 Feb 2021 03:49
Last Modified:	01 Sep 2022 03:38
URI:	http://repository.unika.ac.id/id/eprint/21854

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