Pertanggungjawaban Pidanapencemaran Teluk Balikpapan oleh Nahkoda Kapal MV Ever Judger Republik Rakyat China (Studi Putusan Pengadilan Negeri Balikpapan Nomor : 749/Pid.B/LH/2018/PN Bpp)

Abstract

The incident of environmental pollution and destruction in teh Balikapapan Bay area which was caused by the breaking of the undersea crude oil distribution pipe belonging to PT Pertamina RU V Balikpapan appointed the Ship Master Mv. Ever Judger on behalf of Zhang Deyi as the prepetrator of the pollution who was the investiged and tried by the Balikpapan District Court. This research will examine criminal liability according to Law Number 32 of 2009 concerning Environmental Protection and Management, the form of responsibility for the pollution of Balikpapan By carried out by the captain of the ship Mv Ever Judger of the People’s Republic of China as well as the urgency of corporate criminal responsibility for criminal actsof pollution of Balikpapan Bay carried out by the captain of the ship Mv Ever Judger of the People’s Republic Of China (Study of Balikpapan District Court Decision Number: 749/Pid.B/LH/2018/PN Bpp). This research will use a type of normative legal research using secondary data consisting of primary, secondary and tertiary legal materials, which are then analyzed using qualitative decsriptive analysis. Criminal liability for perpetratos of environmental pollution according to Law Number 32 of 009 concerning Environmental Protection and Management is based on the principle of no crime without fault, the captain of the ship Mv Ever Judger is held accountable as tthe sole perpetrator of violating Article 98 Paragraph (3) oe the Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management and sanctions are given in the form of imprisonment and fines. In the case of envireonmental pollution in Balikpapan Bay, the parties that can be held responsible should not only be individuals, but also corporations such as the company that owns the ship Mv. Ever Judger because it has a causal relationship between the defendant’s actions between the givver of the order and the executor of the order which is acctually regulated in articles 116 to 118 of the UUPPLH.