Analisis yuridis tentang gugatan perbuatan melawan hukum atas pencemaran ekosistem laut yang disebabkan tumpahan minyak di perairan Indonesia

Sohgar, Vicky Devina (2017) Analisis yuridis tentang gugatan perbuatan melawan hukum atas pencemaran ekosistem laut yang disebabkan tumpahan minyak di perairan Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Oil spill in the ocean is a disaster that can endanger not only the lives of the people depending on the ocean, but also the whole ecosystem. Although the adverse impact of oil spill is comparable to that of a forest fire that causes smog, there has been less discussion about the impact of oil spill and the aspects of environmental law and torts about it. Therefore, this thesis aims to put oil spill and its legal implications in the spotlight. This thesis discusses about the application of torts related to oil spills and the forms of damages that can be received as a compensation for victims of oil spills. This research utilizes Article 1365 of the Indonesian Civil Code, which is an article that specifically regulates about torts in Indonesia, the Law No. 32/2009 about Environment and other related international and national laws. This thesis uses the juridical normative method, which means that the author depended solely on library research, secondary and tertiary data. The research then concludes that the parties who can bring a civil claim to the court concerning oil spill are the government of Indonesia, class action (concerned civilians represented by their representatives) as well as environmental groups. Different types of civil claims bring about different types of damages as well. For example, the environmental groups obviously obtain less damages than what the class action claim would have obtained because environmental groups do not actually suffer from the oil spill disaster.

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