KAJIAN YURIDIS TERHADAP KERUSAKAN LINGKUNGAN LAUT AKIBAT EKSPLORASI DAN EKSPLOITASI SEA BED AREA DITINJAU DARI UNCLOS 1982

Abstract

ABSTRACT

Marine environmental degradation caused by exploration and exploitation activities in the seabed area is analyzed with reference to the provisions of the United Nations Convention on the Law of the Sea (UNCLOS 1982). The utilization of natural resources located on the seabed, including both biological and non-biological resources, may generate adverse effects on marine ecosystems. Such impacts include marine pollution, destruction of habitats, and disturbances to ecological balance. Within the framework of the international law of the sea, UNCLOS 1982 establishes the rights and obligations of states, particularly the duty to protect and preserve the marine environment as regulated in Part XII of the Convention.The issues addressed in this research focus on two main aspects. First, the legal framework governing exploration and exploitation activities in the Sea Bed Area under UNCLOS 1982. Second, the international legal responsibility of parties accountable for environmental damage to the marine ecosystem resulting from such activities.This study applies a normative legal research method with statutory and conceptual approaches. The sources of legal materials consist of primary legal materials, particularly the provisions contained in UNCLOS 1982, as well as secondary legal materials including books, academic journals, and other relevant references.The findings demonstrate that UNCLOS 1982 provides an extensive legal structure that obliges states to prevent, minimize, and control marine pollution arising from seabed resource activities. Furthermore, the governance regime of “The Area,” administered by the International Seabed Authority, reinforces the principle that resources found in the seabed beyond national jurisdiction represent the common heritage of humankind. Accordingly, stronger international supervision mechanisms and greater commitment from states in implementing marine environmental protection principles are required to reduce the risk of environmental damage resulting from exploration and exploitation activities in the seabed area.