The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Precautionary Principle Through the Obligations of Marine Insurance for Oil Tankers in the Indonesian Legal System

Download523 downloads
  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289415,
        author={Elly Kristiani Purwendah},
        title={Precautionary Principle Through the Obligations of Marine Insurance for Oil Tankers in the Indonesian Legal System},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={precautionary principle marine insurance indonesian legal system},
        doi={10.4108/eai.10-9-2019.2289415}
    }
    
  • Elly Kristiani Purwendah
    Year: 2019
    Precautionary Principle Through the Obligations of Marine Insurance for Oil Tankers in the Indonesian Legal System
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289415
Elly Kristiani Purwendah1,*
  • 1: Wijaya Kusuma UniversityPurwokerto, Jl. Raya BejiKarangsalam No.25, Dusun III, KarangsalamKidul, KedungBanteng, KabupatenBanyumas, Jawa Tengah 53152Indonesia
*Contact email: elly_kristiani@yahoo.co.id

Abstract

Marine Insurance is a priority need nowadays considering Indonesia is an archipelagic state. Marine insurance related to tanker transportation regulated through the International Convention on Civil Liability for Oil Pollution Damage 1969 and the Protocol 1992 (CLC 1969). The CLC Convention was established to ensure adequate compensation for oil pollution victims due to tanker accidents. The Convention imposes liability on shipowners for the environmental losses from oil pollution. The Convention requires insurance for large tankers weighing 2000 tons or more for the prevention of damage to the marine environment. Indonesia, as a state ratifying the CLC 1969 must apply the obligations in the national legal system as the fulfillment of the precautionary principle of oil pollution by tanker accident. Marine insurance in the form of the Insurance of Protection and Indemnity (P & I) as the protection for ship owners, operators, or tenants of legal liability to third parties is the application of Precautionary Principle in order to protect the rights of coastal states on their marine environments in international shipping lanes which are hazardous transports. The use of the principle included in the Circular Letter of the Minister of Transportation no. AL.801/ 1/ 2 Phb 2014 concerning the obligation to ensure vessels using vessel removal insurance and compensation protection. The nature of the imposition of vessel liability insurance addressed to ships in general.