video ABS 230 The transformation from Fault Liability to strict liability #The6thBIS

Summary

This paper presentation discusses the transformation of liability frameworks in Indonesian maritime law, focusing on the shift from fault-based liability to strict liability in cases of sea pollution. The research investigates the current legal challenges, including the frequent occurrence of maritime accidents, the impact of pollution, and the lack of clear legal enforcement. It concludes that Indonesia should prioritize strict liability for environmental pollution while maintaining fault-based liability for other maritime incidents, aligning its legal system with international standards to improve the effectiveness of pollution prevention and legal accountability.

Takeaways

• 😀 The safety of shipping and pollution prevention are urgent issues in Indonesia's maritime industry.
• 😀 Indonesia, being a crucial player in international sea trade, faces significant challenges related to shipping accidents and pollution control.
• 😀 Between 2020 and 2023, over 500 shipping accidents were recorded in Indonesia, exacerbating environmental and ecological concerns.
• 😀 The main legal issue in Indonesia is the confusion around which liability regime should apply to maritime pollution—fault-based or strict liability.
• 😀 The study investigates the existing liability systems under Indonesian maritime law and their implications for ship owners and operators.
• 😀 The research method includes a comparative law approach, field research with interviews, and secondary data analysis using a descriptive methodology.
• 😀 Indonesian maritime law recognizes various liability forms, such as fault liability, negligence-based liability, and strict liability.
• 😀 Strict liability is rarely applied in Indonesia due to its severe consequences, but it is considered essential for environmental protection in cases of pollution.
• 😀 The paper suggests that Indonesia should adopt strict liability more broadly, especially for cases of maritime pollution, aligning with international standards.
• 😀 Mutual liability is proposed as a model that fosters collective responsibility among stakeholders, including ship owners, port authorities, and environmental agencies.
• 😀 The conclusion highlights the importance of legal reforms in Indonesia to address pollution and improve the effectiveness of environmental protection in maritime law.

Q & A

What is the main focus of Isar Maati's paper?

The main focus of Isar Maati's paper is the transformation of liability in Indonesian maritime law, specifically the shift from fault-based liability to strict liability in cases of shipping accidents and environmental pollution.

Why is shipping safety and pollution a critical issue for Indonesia?

Shipping safety and pollution are critical issues for Indonesia because it is an archipelagic country, heavily dependent on maritime transport for imports and exports. The country's geographical position between two continents and oceans makes its seas prone to accidents, which can result in significant environmental damage.

What are the key research questions addressed in the paper?

The key research questions addressed in the paper are: 1) What are the natural liabilities under Indonesian maritime law? 2) How is liability applied to Indonesian ship owners?

What research methodology did Isar Maati use in the study?

Isar Maati used a comparative law methodology, involving secondary data from legal texts and field research that included interviews with shipping companies, policymakers, and other maritime stakeholders.

What types of liabilities are discussed in the paper?

The paper discusses three main types of liability under Indonesian law: fault-based liability, negligence-based liability, and strict liability, particularly in cases of maritime pollution.

How does strict liability differ from fault-based liability in Indonesian maritime law?

Strict liability holds shipowners accountable for pollution or accidents regardless of fault, simplifying the process of determining responsibility. In contrast, fault-based liability requires proving negligence or unlawful acts before liability is imposed.

Why is strict liability recommended for cases of maritime pollution?

Strict liability is recommended for cases of maritime pollution because it provides a clearer and faster legal process for holding parties accountable, ensuring that those responsible for pollution bear the costs of environmental restoration.

What are the challenges of applying strict liability in Indonesia?

The challenges of applying strict liability in Indonesia include its high financial consequences for shipowners and the rarity of its use in court decisions, which makes it a difficult legal principle to enforce consistently.

What is 'mutual liability' as discussed in the paper?

'Mutual liability' refers to a collaborative responsibility model, where carriers and stakeholders share the responsibility for preventing pollution and ensuring safety in maritime operations. It emphasizes collective action and mutual benefit to improve environmental protection and business outcomes.

What is the conclusion of the paper regarding Indonesian maritime law?

The conclusion of the paper is that Indonesia should adopt strict liability in cases of environmental pollution while maintaining fault-based liability for other maritime incidents. This would align Indonesian law with international standards and improve its legal effectiveness in handling maritime pollution cases.