Analisa Yuridis Terhadap Pencemaran Laut Lintas Batas Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Tumpahan Sumur Minyak Montara Di Laut Timor Oleh PTT Exploration And Production Public Company Limited)

Wahyuliya, Reni (2022) Analisa Yuridis Terhadap Pencemaran Laut Lintas Batas Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Tumpahan Sumur Minyak Montara Di Laut Timor Oleh PTT Exploration And Production Public Company Limited). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The explosion of the Montara oil refinery located on the coast of Australia that occurred in 2009 has not been clearly resolved until now. The people of Indonesia, more precisely the people who live in East Nusa Tenggara, must suffer huge losses from things that are not their fault. Transboundary sea pollution purely caused by PTTEP, a company located within Australian jurisdiction, must be accounted for, considering that Indonesia had nothing to do with the oil refinery explosion. This study formulates two problems, namely: First, regarding the juridical analysis of transboundary environmental pollution from the perspective of international law in the case of the Montara oil well spill in the Timor Sea by PTT Exploration and Production Public Company Limited. Second, regarding legal liability in the case of the Montara oil well spill in the Timor Sea by PTT Exploration and Production Public Company Limited. The type of research used in this research is normative law research. This study uses secondary data. The primary legal materials in this research are international conventions and Indonesian national laws and regulations. Opinions of experts in the form of literature or books, scientific works in the form of Theses, Theses, Dissertations, and scientific articles are secondary legal materials used. The Legal Dictionary, the Big Indonesian Dictionary, the Oxford Dictionary, and the Black's Law Dictionary as well as other sources derived from print and electronic media, are designated as tertiary legal materials in this study. Judging from the nature of the research, this research is descriptive in nature, that is, it describes systematically, clearly and in detail about the subject matter under study. International regulations related to environmental protection have not specifically regulated the responsibility and imposition of sanctions on perpetrators of transboundary marine pollution. The absence of such international regulations causes legal uncertainty in the scope of legal responsibility and weak law enforcement in preventing or overcoming similar incidents that may occur in the future. Keywords: International Environmental Law, Transboundary Marine Pollution, Timor Sea, Montara Oil Refinery

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