KAJIAN YURIDIS PENCEMARAN LAUT DI PANTAI PAPUA NUGINI OLEH PERUSAHAAN TAMBANG NIKEL TIONGKOK DI TINJAU DARI UNCLOS 1982

Abstract

Environmental pollution is when the presence of foreign living things, substances, energy or other components into the environment causes changes in the environmental ecosystem resulting in a decline in environmental quality, so that the environment no longer functions according to its ecological designation. The 1982 Convention on the Law of the Sea fully regulates the protection and preservation of the marine environment contained in Articles 192-237. In 2019, on the coast of Papua New Guinea, there was marine pollution. The company's Nickel Mine Waste Spill belongs to the Chinese Government. Formulation of the problem: (1) How to Regulate Marine Pollution according to UNCLOS 1982 ?, (2) How is the Juridical Analysis of Pollution in Papua New Guinea Waters by Chinese Nickel Mining Companies in the View of UNCLOS 1982? In this study the authors used a normative legal research type. Secondary data sources consisting of premier, secondary, and tertiary legal materials. The data was collected by means of library research, the data were analyzed qualitatively. Research results: (1) In UNCLOS 1982, Article 1 (4) that: Pollution of the marine environment means the introduction by humans, directly or indirectly, materials or energy into the marine environment, causing damage to marine biodiversity and marine life, danger to human health, disturbance to activities at sea including fishing and sea use, decreasing the quality of use of sea water and reducing comfort. In the 1971 Stockholm Declaration, is the direct or indirect human action of a substance or energy substance into the marine environment which causes the reduction or decline in the levels of the marine environment so as to cause harm to biological natural resources, human health, obstacles to carrying out activities at sea and reduce utilization in the use of the marine environment. (2) Papua New Guinea and Indonesia must provide responsiveness in handling, transparency in handling spilled waste and the Chinese Nickel Mining company responsible for the losses suffered.