PRINCIPLE OF OBLIGATION TO PAY IN TERMS OF POLLUTION AT SEA

LYNDA ASIANA
SUPANTO
HARI PURWADI

Background of the Problems

The development of science and technology in the field of marine enhances human activities and
abilities at sea. Efforts to exploit and explore marine resources, especially in the interests of
corporations are clearly a factor causing pollution in the sea that extends beyond national
borders.

The serious impact of marine pollution besides damaging marine biological resources, also
damage outside the sea area such as:
Changes in the physical condition as well as the designation of the river water or well water
which was originally clear in color becomes turbid, bubbly and has a strong smell.
In terms of health, the impact of industrial waste discharged into the sea has the potential to
cause disease from mild to severe levels of genetic defects. Other causes of seawater pollution
are leakage of oil vessels, leakage of oil pipes at the bottom of the sea, sea accidents due to
colliding oil-filled vessels.

To maintain the preservation of the marine environment for the common good, it is necessary to
regulate specifically the obligation to pay compensation for the polluters and the form of legal
responsibility in terms of sea pollution.
Formulation of the problem
1. How is the regulation of the obligation to pay compensation for the perpetrators of water
pollution at sea.
2. What is the form of legal responsibility in the event of water pollution at sea.

Discussion
1. Arrangement of Obligation to Pay Compensation
a. International Arrangement.
1. London Dumping 1972
a. Applying the Precautionary Approach
Protect the marine environment from the disposal of waste or other
materials.
b. Implement the Polluters Pays Principle Pollutants must bear the costs of
pollution
Exception
Emergencies caused by pressure or weather and in arising threat to the
danger of human life
2. International Convention for The Prevention of Pollution from Ships 1973/ 1978
Existing ship systems and equipment must be certified by the Klas so that the
marine ecosystem is maintained.
3. The International Convention on Oil Pollution Preparadness Responce and
Cooperation ( OPRC)
In the event of an accident and sea water pollution must be immediately taken
appropriate action by conducting cooperation between countries because of the
impact of pollution that is transnational.

4. UNCLOS 1982
The participating countries of UNCLOS need to carry out global and regional
cooperation in order to preserve maritime environment
B . National Arrangement
1. Law No. 32 of 2009 concerning Environmental Protection and Management of the
Polluters
a. Must pay compensation
b. Judges can burden the perpetrators to take certain actions so that sea water
pollution can be overcome.
2. Law No. 32 of 2014 concerning Maritime Affairs
Settlement of disputes and sanctions for sea pollution is carried out based on "the
principle of paying and the principle of prudence"

C. Compensation Limit
1. Claims are only addressed to ship owners
2. Does not prevent victims from claiming compensation for compensation, in
addition to the original ship owner Conditio Sina Qua Non
3. Ship owners must pay compensation under national law.
4. Tankers who transport more than 2000 tons of persistent oil must insure the ship
to cover claims arising.

D. Form of Responsibility
1. Article 263 UNCLOS
a.The State is responsible for paying compensation in accordance with international
law
b. Each country must have laws and regulations regarding compensation for losses
caused by sea water pollution carried out by persons or legal entities / companies
that are within its jurisdiction.
c. Each country must cooperate in implementing international law, specifically
regarding the obligation to pay compensation/compensation for losses due to sea
water pollution.

2. Article 35 of Law No. 32 of 2009.

a. Pollutants are absolutely responsible (Strict Liability) for losses due to water
pollution at sea.
b. The absolute responsibility is in the form of the obligation to pay compensation
directly and immediately in the event of environmental pollution/damage.
c. There is no absolute responsibility if sea water pollution is caused due to natural
disasters, force majeure or third parties that cause sea water pollution
Conclusions
a. Arrangements regarding the obligation to pay by the perpetrators of water pollution at sea
are spread in international conventions and national legislation which has ratified
international conventions especially in UNCLOS 1982, Law no. 32 of 2009 and Law No.
32 of 2014.
b. The form of legal liability in the event of water pollution at sea is a strict liability
balanced with certain restrictions and vicarious liability legal liability