CD Skripsi

Tinjauan Hukum Pencemaran Laut Lintas Batas Akibat Tumpahan Minyak Dari Tabrakan Kapal Berdasarkan The 1992 Protocol Of The International Convention On Civil Liability For Oil Pollution Damage 1969

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ABSTRACT
The Malacca Strait is one of the routes in the cross-border oil trade
which often experiences marine pollution due to ship collisions. The sea
polluted by the oil spill will have a negative effect on various marine
organisms and result in fishermen and surrounding communities
experiencing economic losses. So, we need an international law that
regulates compensation for victims of oil pollution by ships at sea where one
of the international conventions that regulates is The 1992 Protocol of the
International Convention on Civil Liability for Oil Pollution Damage 1969.
This type of research is normative research, where this research uses
a research methodology on the principles of international law. Research on
legal principles is carried out on legal rules. Research on legal principles is
a philosophical research, because legal principles are an ideal element of
law. The data sources used are secondary data consisting of primary legal
materials, secondary legal materials, and tertiary legal materials, the data
collection technique in this study is the literature review method, after the
data is collected then analyzed to draw conclusions.
From the results of the research, it was found that, First, The 1992
Protocol of the International Convention on Civil Liability for Oil Pollution
Damage 1969 stipulates that if oil leaking from a ship causes damage to the
territory or territorial sea of one of the members of the convention, the ship
owner is absolutely responsible. legally for the damage, which means that it
includes both the cost of preventive measures and the loss or further damage
caused by the action which has been stipulated in Article 5 of the 1992 CLC
Protocol. So it should also be the polluter where the ship owner (ownership)
pays for the damage and loss generated based on the Polluter Pays
Principle. Second, with the existence of the rights and obligations of law
enforcement and because the public interest to reduce, prevent and control
pollution of the marine environment is violated, the aggrieved state can ask
for responsibility and compensation based on the principle of absolute
responsibility (Strict Liability). The author's suggestion is that the
participating countries that are members of the IMO and the participants of
the 1992 CLC and/or the 1992 Fund Convention, in order to clarify the
limits and provisions that limit the types of losses that can be claimed for
compensation.
Keywords: Ship collision - Oil - Sea Pollution

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 01. 122 (0001)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Internasional., 2022

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 01. 122 (0001)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM INTERNASIONAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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