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Indonesia's Goal of Involving International Maritime Organization in The Montara Oil Case

9 Januari 2024   20:44 Diperbarui: 12 Januari 2024   20:38 248
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Sumber: (Battersby, 2019)

A country has territories that are close to each other and there are times when these territories have to border directly with the territory of another country, which can cause problems whether intentional or not. For example, Indonesia has had cases with several border countries which have caused Indonesia to file demands against other countries in order to defend the sovereignty of its territorial waters. The territorial water case is a problem that has a very complicated solution. So it takes a long time to resolve and involves several actors in handling this case

The International Maritime Organization (IMO) is an organization that focuses on the regulation and coordination of activities in the international maritime sector. IMO plays an important role in being responsible for the security and safety of shipping activities and preventing pollution at sea caused by ships. The background that pioneered this relationship was Indonesia which took advantage of its membership in the IMO to handle a case, namely the Montara Oil Spill which occurred in the eastern seas of Indonesia on August 21 2009 for 74 days, thus polluting the waters of the Indonesian Timor Sea. IMO's involvement in helping Indonesia resolve the Montara oil spill case took the form of providing effective advice and solutions, and developing international regulations related to oil spill cases, as well as assisting Indonesia in ratifying the regime in this case. Considering that IMO is an international maritime organization that focuses on standardizing maritime activities and one of which aims to prevent marine pollution, Indonesia chose to involve IMO to mediate in the Montara oil spill case.

This oil refinery belongs to Thailand so Indonesia is asking for compensation from the defendants to cover the losses received by Indonesia. So this case is detrimental to seaweed farmers, fishermen, in several eastern regions of Indonesia, Indonesia addresses problems in accountability and compensation regarding trans-border marine pollution due to offshore activities. It has been 13 years since this case has not been resolved until now. Although efforts have been made to implement the initiatives that have been carried out in the past, these efforts still require the use of human resources and efforts to establish good relations and cooperation between countries. with other countries and this is what makes Indonesia utilize IMO to create international policies and regulations.

Indonesia is part of the International Maritime Organization which is under the United Nations so that Indonesia feels it can use this position as an advantage in asserting its demands and the extent of its affected waters. In accordance with Indonesia's goal of joining the International Maritime Organization(IMO)and becoming a member of the IMO council, Indonesia uses the IMO to create a discussion forum with other countries in order to create a solution that Indonesia can use to submit demands with strong evidence. Indonesia is one of the largest contribution paying countries to the IMO so Indonesia utilizes technical assistance in the form of advice from the IMO to handle various oil spill cases such as the Montara Oil spill case and the IMO helps Indonesia in ratifying the regime in this case. Then IMO, which is a special United Nations agency that has one focus on settlement accountability issues, allows Indonesia to know to what extent Indonesia can apply for compensation for losses caused by the Montara Oil spill.

Indonesia also uses IMO to formulate regulations regarding peace and marine pollution obligations to regulate and assist maritime security for members who are members of IMO. IMO has also dealt with oil spills in international waters. IMO has various regulations and guidelines aimed at responding to or handling recovery cases after an oil spill incident. The instrument issued by the IMO is the International Convention for the Prevention of Pollution from Ships/Marine Polution (MARPOL), which contains regulations regarding marine pollution due to oil spills. Overcoming marine pollution in Indonesia has been regulated nationally, including Indonesia having ratified MARPOL 73/78 through Presidential Decree No. 46 of 1986 concerning Ratification of the 1973 International Convention for the Prevention of Pollution from Ships along with the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships 1973 along with the Protocol of 1978 Relating to the International Convention for the Prevention of Ships 1973 Pollution from Ships 1973.

Because IMO is an international organization, this organization has a big role in the world of international relations, especially for its members. Become a policy maker to meet practical needs in international relations. Through this international cooperation, relations between countries will improve to regulate and protect each other. The many problems that arise make countries need each other to get help in the form of criticism, solutions, humanitarian assistance and so on, so that interests or even a sense of mutual dependence arise. From these things, a collaborative forum can be created to mutually discuss the interests of these countries.

Indonesia also involves IMO looking at international standards in dealing with cases related to Montara Oil by working together with IMO members to get the right response in taking action. However, direct handling of oil spills is often the responsibility of the government and related institutions at the national level so that IMO cannot be directly involved with the parties requested by Indonesia. IMO can only help behind the scenes as a supplier of advice and provide guidance with some examples of cases and what Indonesia should do to confirm the resolution of these cases.

The losses experienced by Indonesia can also be a background for Indonesia's cooperation or diplomacy with the IMO. IMO provides assistance in evaluating environmental impacts and formulating environmental recovery plans, as well as helping to build the capacity and capability of the Indonesian government in future pollution prevention actions. IMO has made a major contribution to assisting Indonesia in the clean-up and resolution of the Montara oil case that occurred in 2009. IMO also conducted training for the Indonesian team responsible for the process of cleaning up Timor Sea waters. With this problem, Indonesia will have a high opportunity to voice national interests in forums held by IMO.

Sumber : 

(Akbar N. , 2017) 

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