Implementation Of the Strict Liability Principle in Combating Marine Pollution in North Nias Sea: A Review of Indonesia's National Interests

A Review of Indonesia's National Interests

Abstract

This study aims to analyze the application of the strict liability principle in overcoming marine pollution caused by ships in the North Nias Waters and its implications for Indonesia's national interests. Using a normative legal research design and a qualitative approach, this study examines a pollution case involving the MT AASHI ship that resulted in an asphalt spill, seriously impacting the environment and the lives of local fishermen. The subjects of the study included law enforcement officers, environmental managers, and representatives of shipping companies operating in the area. The object of the study is the application of the strict liability principle in marine pollution cases and the policies and regulations governing marine pollution in Indonesia. The results of the study show that the Indonesian government responded to the incident by forming a Joint Team and demanding full accountability from the ship owner. The concept of National Interest is used to ensure that Indonesia's interests are maintained, while the strict liability principle is applied to demand responsibility for damage to the marine environment. As a member of MARPOL, Indonesia has an international obligation to protect the marine environment from pollution caused by maritime activities. In this context, Indonesia has the right to demand financial compensation as a form of accountability for material and immaterial losses due to the pollution. The principle of strict liability allows a country to take preventive measures, reduce, and control marine pollution without having to prove specific fault of the perpetrator. This strengthens the protection of the marine environment and provides a strong legal basis for enforcing accountability for damage caused by foreign vessel activities. This study provides in-depth insights into how regulations and legal practices in Indonesia can be integrated with international obligations in addressing the challenges of marine pollution, as well as the importance of implementing the principle of strict liability in maintaining environmental sustainability and national interests.