THE ARRANGEMENTS OF COMPENSATION FOR MARINE POLLUTION BY PLASTIC WASTE IN INDONESIA

Yanti Fristikawati; I.B.R Supancana Fristikawati

doi:10.25170/paradigma.v10i1.6667

Penulis

Yanti Fristikawati Universitas Katolik Indonesia Atma Jaya
I.B.R Supancana Fristikawati Universitas Katolik Indonesia Atma Jaya

DOI:

https://doi.org/10.25170/paradigma.v10i1.6667

Kata Kunci:

Regulations, Compensation, Marine Environment, Plastic Waste

Abstrak

One of the environmental damages currently quite disturbing is the ecological damage caused by plastic waste. Plastic waste is difficult to decompose so that it can disrupt the ecosystem of the land and the sea. One of the impacts of plastic waste is on the health of marine animals, where some of these animals, such as turtles, eat debris or plastic fragments. As a country with a large sea area, Indonesia must ensure its marine environment is not polluted by plastic waste. One way to prevent environmental damage is through regulation, where in addition to prevention, we must also look at what sanctions can be applied to those who violate the law by dumping rubbish in the sea. These can be criminal sanctions, such as fines and imprisonment, and sanctions to pay compensation, especially if victims are harmed. This research uses a normative legal method to answer the problem of how the rules in Indonesia regulate compensation in the event of pollution due to plastic waste. The current regulations are sufficient, but implementing compensation payments for plastic waste victims is still challenging.

Biografi Penulis

I.B.R Supancana Fristikawati, Universitas Katolik Indonesia Atma Jaya

Prof. Dr. I.B.R Supancana obtained his PhD in International Law from Leiden University, the Netherland (1998),before that got his Master of International Law from University of Indonesia (1990) and Bachelor of Law (S.H) in International Law from Padjadajaran University (1983). He has also acted as a Guest Lecturer at several universities, not only in Indonesia but also abroad (among others: Advanced Studies on Air and Space Law, Leiden University, Kobe University). His main areas of expertise are in the field of Aviation and Space Law; Foreign Direct Investment Law; Settlement of Disputes (Arbitration and ADR); Cyber Law; Mining; International Commercial Contract; and Regulatory Reform.

He has acted as an advisor and consultant for various international organizations and donor countries (GIZ, JICA, World Bank, British Embassy, EU Trade, among others) as well as Indonesian Governmental Agencies (among others, Ministry of Foreign Affairs, Ministry of Defense, National Institute of Aeronautics and Space, National Law Reform Body, National Development Planning Board, National Investment Coordination Board, etc.). He often represents the government in bilateral and multilateral negotiations (ASEAN Regional Forum, APEC, UN Committee on Peaceful Uses of Outer Space, APSCO, among others).

Over the past 33 years, he has provided legal services to domestic as well as overseas companies, including appearing as an expert witness in the USA and Singapore and before the National Anti-Corruption Court. A trainer for certified training on mediation at the National Mediation Center (PMN) and for a training series on development of legal skills jointly organized by the Indonesian Bar Association (PERADI) with the Center for Law and Business (PPHBI) as a part capacity building/continuing legal education program.

Other notable contributions are as an editor at an international and national prestigious law journal (Journal of East-Asia and International Law, Korea; Asia Mediation Journal, Singapore; Indonesian Law Journal, Lex Mercatoria). He has published more than 40 books and research articles, and his articles have been published in many scientific journals. Currently, he is assigned by the government to chair an inter-department working group on preparing draft of the academic paper on draft of laws on private international law; a draft of law on a revision of the Indonesian Company Law; and also as one of the initiators of the draft of law on Personal Data Protection.

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Regulations

Law Number 18 of 2018 on Garbage Waste

Law Number 32 of 2009 on Environmental Protection and Management

Government Regulation Number 81 of 2012 concerning Management of Household Waste and Similar Household Trash

Presidential Regulation of the Republic of Indonesia Number 83 of 2018 concerning Handling of Marine Debris

THE ARRANGEMENTS OF COMPENSATION FOR MARINE POLLUTION BY PLASTIC WASTE IN INDONESIA

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