MARINE POLLUTION IN LAMPUNG PROVINCE: THE STATE IS POWERLESS AGAINST ENVIRONMENTAL DESTROYERS

Law enforcement efforts in order to provide a deterrent effect against perpetrators of environmental crimes and force the perpetrators to be responsible for the impacts caused by pollution or damage that occurs based on the polluter pays principle as contained in Law 32/2009. pollution and / or oil spills in Lampung sea waters continue to occur throughout 2020 - 2022. This study aims to determine how the legal liability of PT Pertamina due to PHE OSES pipe leakage on the east coast of Lampung with an empirical juridical approach using primary and secondary data sources. the conclusion of this study is: The State is still hesitant in applying criminal law against perpetrators of marine pollution due to oil spills; in cases of marine pollution due to oil spills, the state prefers to apply administrative sanctions and / or civil law enforcement. In the case of the implementation of civil sanctions, there is a weakness of the government in supervising the implementation of sanctions so that the perpetrators of pollution have a low level of compliance in the implementation of sanctions.

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Publication Details

Journal
Constitutional Law Society
Published
2024-09-30
DOI
https://doi.org/10.36448/cls.v3i2.83
Primary Topic
Marine and Coastal Ecosystems
Type
article
Field-Weighted Citation Impact
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article

MARINE POLLUTION IN LAMPUNG PROVINCE: THE STATE IS POWERLESS AGAINST ENVIRONMENTAL DESTROYERS

Irfan Tri Musril
Constitutional Law Society
Marine and Coastal Ecosystems
article

MARINE POLLUTION IN LAMPUNG PROVINCE: THE STATE IS POWERLESS AGAINST ENVIRONMENTAL DESTROYERS

Irfan Tri Musril
article en

Abstract

Law enforcement efforts in order to provide a deterrent effect against perpetrators of environmental crimes and force the perpetrators to be responsible for the impacts caused by pollution or damage that occurs based on the polluter pays principle as contained in Law 32/2009. pollution and / or oil spills in Lampung sea waters continue to occur throughout 2020 - 2022. This study aims to determine how the legal liability of PT Pertamina due to PHE OSES pipe leakage on the east coast of Lampung with an empirical juridical approach using primary and secondary data sources. the conclusion of this study is: The State is still hesitant in applying criminal law against perpetrators of marine pollution due to oil spills; in cases of marine pollution due to oil spills, the state prefers to apply administrative sanctions and / or civil law enforcement. In the case of the implementation of civil sanctions, there is a weakness of the government in supervising the implementation of sanctions so that the perpetrators of pollution have a low level of compliance in the implementation of sanctions.

Constitutional Law SocietyVol. 3(2)
Lampung University (ID)
Openalex Percentile: Top 73%
Marine and Coastal Ecosystems
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MARINE POLLUTION IN LAMPUNG PROVINCE: THE STATE IS POWERLESS AGAINST ENVIRONMENTAL DESTROYERS — Irfan Tri Musril · Constitutional Law Society (2024) | TGRS Research Map | TGRS