Legal Protection of the Marine Environment from Oil Refinery Industry Activities in Indonesia (Study on Cilacap and Balikpapan Refinery Industry)

doi:10.7176/jlpg/115-09

Abstract

Legal Protection of the Marine Environment from Oil Refinery Industry Activities in Indonesia aims to analyze the form of integration of environmental law principles in oil refining industry activities in Indonesia, the operationalization of the oil refinery industry which has the potential to cause pollution of the marine environment, as well as forms of countermeasures taken against oil spills into the marine environment. The research location is carried out in the oil refinery industry in Indonesia, especially at the PT. Pertamina (Persero) RU V Balikpapan, and PT. Pertamina (Persero) RU IV Cilacap. The research method used is empirical legal research, with a sociological, conceptual, and statutory approach. Empirical data were obtained through interviews and the distribution of questionnaires to selected respondents, while primary legal materials, secondary legal materials, and tertiary legal materials were obtained through literature study. The empirical data and legal materials obtained were analyzed using content and qualitative analysis.Based on the research conducted, the results were found: (i) the integration of environmental law principles in the oil refining industry activities in Indonesia is carried out through licensing mechanisms in the management, processing, transfer, storage, utilization, disposal and/or landfill waste generated by the production process that takes place in the oil refinery industry; (ii) The operation of the oil refinery industry has the potential to cause pollution of the marine environment because the industrial waste produced is dumped into the sea. In addition, the use of the sea as a means of transportation in loading and unloading activities at the jetty (jetty) and Transfer Ship to Ship (TSS) on the high seas can result in spills of crude oil and fuel oil into the sea which has the potential to cause pollution to the marine environment. Likewise, the potential for leaks from undersea pipes used to transport crude oil from the raw material storage terminal to the processing process also has the potential to cause pollution to the marine environment; (iii) handling of oil spills into the sea from oil industry activities is carried out by implementing a management system for dealing with oil spills to the sea contained in the Standard Procedures made by the Company, the substance of which is to implement the provisions contained in the laws, agreements, and Cooperation, as well as international agreements and standards. Keywords: Legal Protection, Marine Environment, Oil Refinery Industry. DOI: 10.7176/JLPG/115-09 Publication date: November 30 th 2021

Highlights

Pollution of the marine environment caused by the oil refinery industry occurs from various pollutant sources, which include crude oil transported by tankers to be stored in storage, production processes that produce liquid waste, and waste materials, dangerous toxic, and the distribution process (Helen Wake. 2005).Efforts to protect the marine environment from the activities of the oil refinery industry can be done in various ways
One of the efforts made is through the establishment and implementation of laws and regulations governing licensing, waste management, handling, and environmental restoration to prevent and reduce the potential for pollution of the marine environment from oil spills from ships and waste materials sourced from oil refineries industry activities. which can lead to environmental pollution
Based on the results of research and discussion conducted, it can be concluded as follows: 1. The integration of the environmental law principle in the activities of the oil refining industry is carried out through the establishment of norms in-laws and regulations both a national and regional scale that outlines the principles of shared responsibility, the principle of prevention, the principle of cooperation, the principle of polluter pays, and the principle of sustainable development

Summary

Introduction

Pollution of the marine environment caused by the oil refinery industry occurs from various pollutant sources, which include crude oil transported by tankers to be stored in storage, production processes that produce liquid waste, and waste materials, dangerous toxic, and the distribution process (Helen Wake. 2005).Efforts to protect the marine environment from the activities of the oil refinery industry can be done in various ways. One of the efforts made is through the establishment and implementation of laws and regulations governing licensing, waste management, handling, and environmental restoration to prevent and reduce the potential for pollution of the marine environment from oil spills from ships and waste materials sourced from oil refineries industry activities. Based on Government Regulation No 101 of 2014 concerning Management of Toxic Hazardous Material Waste (THMW), waste from the oil refinery industry is categorized as THMW because its nature and concentration can harm the environment, human health, and other living things. In every process of operating the oil refinery www.iiste.org industry, this has the potential to cause negative impacts on the environment in general, both on the land, sea, and in the air due to the presence of waste in the form of liquid waste, B3 waste, and air emissions In every process of operating the oil refinery www.iiste.org industry, this has the potential to cause negative impacts on the environment in general, both on the land, sea, and in the air due to the presence of waste in the form of liquid waste, B3 waste, and air emissions (Agung Darmawan. 2021)

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Conclusion