Perlindungan terhadap Lingkungan Laut dari Pencemaran yang Bersumber dari Kapal: Konsekuensi Penerapan Hak Pelayaran Internasional melalui Perairan Indonesia

Abstract

The coastal state has sovereign rights for the purpose of exploring and exploiting the natural resources, whether living or non-living, and the state has the obligation to protect the marine environment. The Indonesian marine environment with all potentials of natural resources and the uniquenes of geographical condition of Indonesian waters, in fact have to accept various activities, like the increase of more and more of the traffic frequency of vessels, as consequence of the implementation of the rights of international navigation, coupled with an increase of international trades, besides the fishery activities and traffic activities of inter-island sailing. All these activities have some potentials of causing the pollution of the marine environment. This marine pollution can damage the natural resources, either living or non-living. That's why provisions for the protection of the marine environment from pollution caused by vessels are necessary. The method used in this research is the normative juridical, and comparative method. All data are conducted through library research. All supporting data are obtained from interviewing related experts on the problems under study, while data analysis is conducted through a qualitative approach. The results of the research shows that provisions for the international protection of the environment are not comprehensive. They are fragmented in several provisions. The Indonesian provision to protect the marine environment shows some improvements, but lacks harmony. In the implementation of international provisions to protect the environment, yuridic and non-yuridic approach are need in order to protect the marine environment. The development of national provision related to the marine environment is need.