Pertanggungjawaban Negara Bahama dan Perusahaan Kapal MV Caledonian Sky Terhadap Kerusakan Terumbu Karang di Raja Ampat Berdasarkan Polluter Pays Principle

Abstract

On March, 4th  2017, a cruise ship, MV Caledonian Sky ran aground on the waters of the island of Kri, Raja Ampat, Indonesia and resulted in 18.882 square metres of coral reefs in that water damaged. Therefore, this study aims to determine the responsibility of the flag state of MV Caledonian Sky, the Bahamas, and MV Caledonian Sky’s company for the damage to coral reefs there. This study uses a descriptive type of doctrinal research. The sources of legal materials in this study are primary legal material and secondary legal material through literature study as a technique of collecting data. Meanwhile, the technique for analyzing the legal materials is a syllogism method with a deductive reasoning which all international legal regulations and the related national legal regulations as major premise and MV Caledonian Sky grounding incident at Raja Ampat as minor premise. The results of this study indicates that in accordance with the polluter pays principle, the Bahamas is responsible for its capacity as a flag state in accordance with the provisions of Article 94 of the United Nations Convention on the Law of the Sea and the ship company of MV Caledonian Sky could be responsible through two mechanisms, specifically through civil liability and risk sharing agreements. The risk sharing agreement is an automatic mechanism based on an agreement signed by the Master with Raja Ampat government, while civil liability must be preceded by a lawsuit from the government that uses its claim rights.