Strict Liability Principle In Environmental Legal System

St. Ulfah, Alma Manuputty, S.M. Noor, A.M. Yunus Wahid


Implementation of Strict Liability Principle in environmental legal system not based on the proving aspect of the fault form factor of negligence or misconduct of intent. In addition to the legal approach, risk management considerations also underlie the problems and or environmental risks posed by various factors that is difficult and expensive to prove. The MT Natuna Sea case on 3 October 2000 spilled 40,000 tons of crude oil or 60% of the total load of 523,088 barrels, to date Indonesia has not received any compensation. The purpose of this paper is to understand the application of Strict Liability Principle in the environmental legal system. The method used is normative legal research conducted by basing to the materials of the library or secondary data. Comparative legal approach is used to find matters relating to the problem of sea oil pollution compensation claims. The results show that Indonesia as a country that has ratified CLC 1969/1992 has applied provisions on insurance obligations. Neither into the provisions of legislation nor in practice in the field. However, the application into the legislation still requires improvements, namely with compensation claims for compensation and environmental restoration costs.

Keywords: insurance liability, environment, tanker, protection, marine environment.

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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