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The Legal Review of Petroleum Spill Case (Pertamina Oil Spill in Kalimantan) Birkah Latif; Ade Kurniawan; Iyas Manggala Ayubi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 7 No 2 (2018)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.025 KB) | DOI: 10.24843/JMHU.2018.v07.i02.p01

Abstract

At the end of March 2018, there was an accident in the sea of Kalimantan-Balikpapan where a Panamanian-flagged vessel caused a leak over the oil pipeline. The pipeline connects the Crude Lawe-lawe Terminal to Pertamina's Balikpapan Plant. As a result, spilled oil is estimated at 40,000 barrels and resulted in five deaths. The aim of this study is to examine the regulation on environmental protection, especially on the oil and gas natural resources and what form the accountability of the oil spill on the shore. This paper is structured using a normative juridical approach to seek solutions to legal issues arising from such environmental cases. The study shows that the use of natural resources, which produce metals, coal, and minerals as a source of energy, oil and geothermal, should be based on the principles of environmental management, namely: equity, balances, democracy (democracy), and sustainability (sustainable) between generations. In terms of accountability both in civil liability, criminal, and an environment in accordance with the principle of direct liability (strict liability) with the occurrence of environmental pollution caused by the oil spill so legally PT Pertamina Regional East Kalimantan may be subject to the principle.
The Impact of the Development of Trade Practices on Enforcement of International Environmental Law Birkah Latif; Syamsuddin Muhammad Noor; Juajir Sumardi; Irwansyah Irwansyah
Sriwijaya Law Review VOLUME 3 ISSUE 2, JULY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss2.226.pp137-151

Abstract

The issue of trade and environment is always debatable. Degradation and damaging to the environment surge the countries in making comprehensive and multi-approach planning. This is based on the view that trade should not only count for profit but also carry out calculations and planning for the impacts and conditions when the business is carried out and after completion. The purpose of this paper is to find out whether the environment causes trade not to be carried out and to end economic growth and there is a solution to balance the environment and trade as prevention in both fields through environmental protection legal instruments. The first issue showed that trade that used to be a source of income that is the main target of countries, nevertheless, the unwise planning and also corrupt cases has made the trade become the trigger for environmental damage. This condition caused by a lack of awareness in law enforcement and even various corruption issues causing trade to become a threat, especially for the environment. The second issue arises, which is the mechanism in balancing trade and the environment to preserve the environment and encourage the country's economic growth by optimizing the implementation of environmental protection laws. This paper uses normative legal research methods by collecting data derived from the literature, legislation, articles, and cases that occur within countries. The result shows that more states and stakeholder using more technique on achieving a balance of trade and environment protection, with a pro-environment calculation, it is expected that trade will be carried out in parallel with environmental preservation.
INDONESIAN OCEAN LEGAL POLITICS Syamsuddin Muhammad Noor; Judhariksawan; Laode Abd. Gani; Birkah Latif; Kadarudin; Nurhidayat Oktafian Noor; Febriyana Mahyuddin
Awang Long Law Review Vol 4 No 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v4i2.677

Abstract

Indonesia's foreign policy, namely a free and active foreign policy. Free means that Indonesia does not take sides with the forces which are basically incompatible with the national personality, as reflected in Pancasila, and is active in carrying out foreign policy. The acceptance of the Law of the Sea Convention III does not end all maritime disputes. Several problems arose, especially the clash of territorial delimitation between countries, particularly with China, for example regarding the Kwey Fey fishing boat incident. In March 2016, a Chinese fishing vessel, Kwey Fey, was involved in an incident with an Indonesian Marine patrol boat, KM Hiu II in the Natuna Sea. As a result of the incident, Indonesia then took steps to make a declaration, Coordinating Minister for Maritime Affairs Luhut Binsar Panjaitan announced the naming of the waters north northeast of the Natuna Islands as the North Natuna Sea.
EFFORTS TO UNDERSTAND COMMUNITY LAW THROUGH UTILIZATION OF LEGAL CONSULTATION AND AID UNITS Birkah Latif; Aidir Amin Daud; Padma D Liman; Ahmad Fikrul Ridha; Agung Syaputra
HERMENEUTIKA : Jurnal Ilmu Hukum Vol 7, No 1 (2023): HERMENEUTIKA : Jurnal Ilmu Hukum
Publisher : Sekolah Pascasarjana Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/hermeneutika.v6i3.8340

Abstract

Legal Counseling for Residents of Moncongloe Lappara Village, Moncongloe District, Maros Regency in Understanding Legal Issues Through Utilization of the Legal Consultation and Aid Unit at the Faculty of Law, Hasanuddin University conducted by the PPMU-PK-M Team of Hasanuddin University Research and Community Service Institute for partners (Village Heads of Moncongloe Lappara). A number of legal problems occurred in Moncongloe Lappara Village, Moncongloe District, Maros Regency, such as cases of buying and selling land belonging to other people, criminal acts of consumer protection, fraud, and the environment, so PPMU-PK-M activities can become a forum for the community and village officials in mapping problems and finding legal solutions by providing legal education and understanding for the community and village officials.