Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

Enforcement of Law for Foreign Vessel Coral Reef Damage in Environmental Protection in Indonesia (A Case Study of the Caledonian Sky Vessel in Raja Ampat, Papua)

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343510,
        author={Elfi  Oktianti and Faidatul  Hikmah},
        title={Enforcement of Law for Foreign Vessel Coral Reef Damage in Environmental Protection in Indonesia (A Case Study of the Caledonian Sky Vessel in Raja Ampat, Papua)},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={law enforcement coral reef environmental conservation},
        doi={10.4108/eai.21-10-2023.2343510}
    }
    
  • Elfi Oktianti
    Faidatul Hikmah
    Year: 2024
    Enforcement of Law for Foreign Vessel Coral Reef Damage in Environmental Protection in Indonesia (A Case Study of the Caledonian Sky Vessel in Raja Ampat, Papua)
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343510
Elfi Oktianti1,*, Faidatul Hikmah2
  • 1: Magister of Law, Bangka Belitung University, Indonesia
  • 2: Faculty of Law, Bangka Belitung University, Indonesia
*Contact email: elfioktiantielfi@gmail.com

Abstract

This study employs a juridical-empirical research method and a case study approach to investigate the legal enforcement of laws against coral reef destruction by foreign vessels in Indonesian waters.The United Nations Convention on the Law of the Sea (UNCLOS) of 1982 comprehensively governs marine environmental protection in its Part XII, comprising 45 Articles (Articles 192-237). UNCLOS empowers member states to establish legal frameworks that prioritize preventive and remedial measures to combat environmental damage. Indonesia, as a UNCLOS member, actively participates in marine conservation through a series of regulations, particularly Law No. 32 of 2009 on Environmental Protection and Management and Law No. 32 of 2014 on Maritime Affairs. The sinking of MV Caledonian Sky, which led to coral reef damage, is a critical case in maritime law. The Indonesian government took strong action by seeking accountability and compensation from Noble Caledonia, the London-based company owning the vessel. Furthermore, the government is committed to conservation and rehabilitation efforts for the impacted coral reefs as part of its long-term environmental protection strategy. This study provides insights into the intricate legal framework governing marine environmental protection and law enforcement in Indonesia, with a specific focus on coral reef preservation.