Environmental Law Study on Asphalt Pollution Cases in the Nias Sea and Its Enforcement

Abstract

Objective: This study aims to examine the legal framework and law enforcement mechanisms related to the asphalt pollution case in the waters off Nias Island caused by the tanker MT AASHI. The primary objective is to analyze the effectiveness of environmental law enforcement in Indonesia, particularly in marine pollution cases, and to identify barriers that hinder accountability for environmental damage.

Theoretical Framework: This research is based on environmental law principles such as the polluter pays principle, strict liability, and the precautionary principle, supported by theories of legal responsibility and ecological justice. These concepts provide a basis for assessing the adequacy of legal responses and the level of protection provided to affected communities and ecosystems.

Method: This research uses a normative juridical method, emphasizing legislative, conceptual, and case analysis. Data were obtained from primary sources, including Law No. 32 of 2009 concerning Environmental Protection and Management, Law No. 32 of 2014 concerning Maritime Affairs, as well as related government regulations and international conventions such as UNCLOS 1982.

Results and Discussion: This research findings indicate that marine environmental law enforcement in Indonesia remains ineffective due to weak inter-agency coordination, limited technical capacity to prove pollution impacts, and a lack of enforcement of strict liability. Furthermore, legal remedies often focus on administrative sanctions rather than criminal or civil liability, thus limiting deterrence against future violations.

Research Implications: The results highlight the need for reform in marine environmental law enforcement, emphasizing the importance of institutional integration, science-based evidence, and community participation in ecological restoration.

Originality/Value: This research contributes to the environmental law discourse by offering a critical assessment of Indonesia's law enforcement mechanisms in marine pollution cases, particularly in the context of oil and asphalt spills, and by proposing a more integrative and justice-oriented legal framework.

Keywords: environmental law; marine pollution; law enforcement; absolute liability; ecological justice