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All Journal COJ (Coastal and Ocean Journal)
Retno Hariarti
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Agriculture, Biological Sciences & Forestry Environmental Science Social Sciences

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Indonesia's Concrete Efforts to Ensure Australia's Accountability for Marine Pollution Resulting from the Montara Oil Spill Latisha, Najwa; Syahda Mauldiyani; Retno Hariarti; Irwan Triadi
Coastal and Ocean Journal (COJ) Vol 8 No 2 (2024): COJ (Coastal and Ocean Journal)
Publisher : Pusat Kajian Sumberdaya Pesisir dan Lautan IPB

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/coj.v8i2.55481

Abstract

The marine pollution caused by the Montara oil spill in Australian waters has created serious challenges to the marine environment in Indonesian waters. This conflict has not been declared terminated until now due to the failure of Australia to exercise its responsibility under the provisions of UNCLOS 1982. The study aims to analyze the firm and concrete efforts that Indonesia can make to hold Australia accountable for the impact of such pollution, as well as the forms of accountability that Australia is supposed to take against Indonesia. This research uses normative legal methods, or library research, through legislative approaches and the study of the rule of law. The findings show that Indonesia can take a diplomatic approach, bring legal claims through international courts, and firmly acknowledge the challenges and economic pressures of withdrawing Australia's accountability. The responsibility of the Australian side should also be insisted on by Indonesia by acting in accordance with the provisions of international law, where there is compensation equal to the territory of Indonesia and the injured parties. Through diplomatic analysis, regional cooperation, and legal approaches, the study contributes to an understanding of the complexity of managing the impact of marine pollution at the international level and the importance of ensuring full accountability in order to preserve the global marine environment.
Co-Authors Irwan Triadi Latisha, Najwa Syahda Mauldiyani