Penyelesaian Sengketa Antara Indonesia Dan Australia Dalam KasusPencemaran Laut Timor Akibat Tumpahan Minyak Montara

Abstract

This paper aims to analyze the responsibility of Australia and Thailand for cases of pollution from the leakage
of the Montara oil well which is owned by a Thai company. This pollution originates from the Montara Field The
Montara Well Head Platform in the West Atlas Block ofthe Timor Sea in Australian waters. The oil spill resulted
in cross-border pollution because it extended to the waters of the Timor Gap or Timor Gap which is the border
waters between Indonesia, Australia and Timor Leste (Meinarni, Volume 5). The extent of the effect of oil spill
contamination from the well located in the Northwest Atlas Block of Timor is about 75% entering Indonesian
waters, so this pollution is an important problem for the Indonesian people, because it enters the Exclusive
Economic Zone (EEZ). This writing is writing that uses normative legal research using a statutory approach,
concept approach, and case approach in accordance with the legal perspective of the United Nations
Convention on the Law of the Sea 1982 and relevant legal theories that will be used and constructed. with legal
principles, principles and doctrines. Based on Article 139 Paragraph (1) of UNCLOS 1982, the State must be
responsible for activities carried out in the marine area, whether by participating States, individuals or state
companies or legal entities or individuals who have the nationality of their country