PENGATURAN TANGGUNG JAWAB PEMERINTAH AUSTRALIA TERHADAP PENCEMARAN LAUT LINTAS BATAS SEBAGAI AKIBAT SEABED OIL MINING YANG MERUGIKAN INDONESIA (STUDI KASUS PENCEMARAN LINTAS BATAS OLEH PT. T. EXPLORATION AND PRODUCTION AUSTRALASIA)

FITRIANY, MAWAR (2016) PENGATURAN TANGGUNG JAWAB PEMERINTAH AUSTRALIA TERHADAP PENCEMARAN LAUT LINTAS BATAS SEBAGAI AKIBAT SEABED OIL MINING YANG MERUGIKAN INDONESIA (STUDI KASUS PENCEMARAN LINTAS BATAS OLEH PT. T. EXPLORATION AND PRODUCTION AUSTRALASIA). . pp. 1-14.

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Abstract

Due to the absence of regulation on the state responsibility on trans-boundary marine pollution caused by seabed oil mining, trans-boundary marine pollution by PT. T. Exploration and Production Australasia which is detrimental to Indonesia cannot be properly resolved. The purpose of this legal research is to propose the regulating of Australia’s responsibility toward trans-boundary marine pollution caused by seabed oil mining. This research is a normative legal research in which the legal resources are collected through library study and interview with resource persons. This research findings show that the regulating of state responsibility on transboundary marine pollution from seabed oil mining has to be regulated in a bilateral agreement, and it is important that the agreement should include the elements of state responsibility, the form of state responsibility, the kinds of state responsibility, institution responsible for calculating compensation , destinction of responsibilities (state or operator / oil company), termination of responsibility, the territorial in which the agreement to be applied, and qualification of oil mining (off-shore oil mining or deep sea oil mining). Accordingly, Indonesian government is recommended to continue the negotiation with Australian government to reach an agreement about the regulating of state responsibility on trans-boundary marine pollution caused by seabed oil mining and it is also necessary to adopt the ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts and add some provisions.

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