Anthroposia: Journal of Social and Human Development
Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development

An Analysis of Insurance Liability and The Legal Liability of Shipping Companies For Oil Spills at Sea (The Montara Case Study)

Tiara Putri Ayu Setyaningrum (Universitas Muhammadiyah Surakarta)
Virza Aulia Arifin (Universitas Muhammadiyah Surakarta)
Zahrian Kusuma Nur Arsy (Universitas Muhammadiyah Surakarta)
Jihan Putri Faradyva (Universitas Muhammadiyah Surakarta)
Khisya Valisha Arkemevira Rachmadi (Universitas Muhammadiyah Surakarta)



Article Info

Publish Date
02 Jun 2026

Abstract

The Montara oil spill case that occurred in the Timor Sea in 2009 had environmental, economic and social impacts on Indonesian waters, especially in East Nusa Tenggara. This case raises various issues regarding the legal responsibility of carriers and the role of insurance mechanisms in providing protection against losses due to transboundary marine pollution. This research aims to analyze the legal liability of carriers and its relationship with insurance mechanisms in resolving losses due to oil spills at sea. The research method used is normative juridical with a statutory and case approach. The research results show that the Montara oil spill includes marine pollution due to high-risk activities which give rise to absolute responsibility (strict responsibility) for business actors. The pollution pays principle strengthens the perpetrator's obligation to bear losses through a compensation mechanism that is ideally supported by an environmental insurance scheme or third party liability insurance. The insurance claims mechanism process in the case of countries experiences differences in laws and regulations so that this has an impact on the claims process.

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Journal Info

Abbrev

anthroposia

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Description

Anthroposia: Journal of Social and Human Development is a peer-reviewed academic journal dedicated to publishing high-quality scholarly works in the fields of social sciences and human development. The journal provides an international platform for researchers, academics, practitioners, and ...