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

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. 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