Legal Responsibility Of Sea Transport Companies For Losses Due To Ship Waste Pollution

Abstract

The ocean is a natural resource that plays a vital role in human life, particularly in the transportation, fisheries, and trade sectors. However, shipping and maritime transportation activities also have the potential to cause negative impacts in the form of marine environmental pollution due to the discharge of ship waste such as oil, ballast water, and chemicals. This pollution not only damages marine ecosystems but also threatens the sustainability of biological resources and the lives of coastal communities that depend on the ocean. This study aims to analyze the legal regulations governing the accountability of shipping companies for ship waste pollution in Indonesia. This research uses the normative legal research type with the approach statute approach. Data collection techniques are carried out using document study or library research methods (library research). The data analysis technique used is qualitative analysis. The research results show that normatively, Indonesia has a fairly strong legal framework to regulate the accountability of shipping companies for ship waste pollution, both through national regulations and ratification of international conventions such as UNCLOS 1982, MARPOL 73/78, and SOLAS. However, the implementation of legal accountability in the field remains weak. This is due to a lack of legal awareness among ship owners, weak enforcement of sanctions, and the ineffective implementation of the principles of Strict Liability and Polluter Pays. As a result, the pollution handling process is often slow and does not provide a deterrent effect for perpetrators. Ship waste pollution causes significant harm to marine ecosystems, causing the death of marine life, declining water quality, and economic losses for coastal communities. Therefore, strict law enforcement, increased supervision, and the application of the principle of strict liability are needed to ensure sustainable protection of the marine environment.