Solutions Provided by IMO for Indonesia in Resolving The Montara Oil Spill Case

In 2009, there was a major oil leak off the coast of Australia that resulted in widespread oil spills in Indonesia's marine areas. The Montara oil spill was one of the worst in the history of Indonesia's marine environment. For years, Indonesia has been fighting for compensation for the devastating effects of the Montara oil spill on Indonesia's environment and fishing communities. Recognizing that what happened was very disruptive to Indonesia's marine ecosystem, the International Maritime Organization (IMO) provided a solution to help Indonesia resolve this case.

After the incident, the Indonesian government together with PTTEP Australasia made efforts to deal with the oil leak by accelerating the process of closing the well and cleaning up the remaining oil in the sea. In addition, PTTEP also paid compensation to those affected by the oil leak.

In June 2021, the International Court of Justice (IMO) then issued a ruling regarding the Montara case. Through its decision, the IMO ordered PTTEP to pay compensation to the Indonesian government. In addition, IMO also ordered PTTEP to completely clean up the remaining oil in Indonesian waters.

This IMO verdict is a fair and appropriate settlement for Indonesia. Although the losses due to the Montara oil leak were huge, through this verdict, Indonesia received compensation and legal protection from international organizations. In addition, this verdict also sends a message to oil and gas producers, that they must be responsible and respect the existence of the environment and fishermen around their management areas.

State responsibility is closely related to the circumstance that under a fundamental principle of international law, an aggrieved state or party becomes entitled to compensation for the harm it has suffered. State responsibility is therefore concerned with determining on what basis and in what circumstances a state may be deemed to have committed an internationally wrongful act.

State responsibility is also born as a result of activities that harm other countries, such as activities across national borders, companies located on the territorial border between countries, exploration of underwater resources across national borders that have violated the provisions, and can harm other countries. The wrongs or losses that give rise to state responsibility may be of various types. Thus a state may be liable for breach of a treaty, for non-performance of contractual obligations, for harm to nationals of another state and so on. If the activity is of a dangerous nature, then the state whose territory is used for such activities may be held absolutely liable. However, if the activity is normal, then the state's responsibility depends on the negligence or intent of the act.
The Timor Sea issue is not just a trivial problem in terms of ecology, but a dangerous problem that threatens the future of our children and grandchildren because it will have long-term impacts. The government should conduct a comprehensive and thorough scientific study in the Timor Sea so that the claim process to the polluter is accompanied by scientific and accurate evidence.

The International Maritime Organization (IMO) is a specialized agency of the United Nations (UN) responsible for the regulation of international shipping. Its main function is to set international standards for safety, security and environmental protection for the international shipping industry. The IMO, as an international organization that focuses on maritime issues, addresses the issue of oil spills and marine environmental protection in its sessions.

Indonesia, which is a member of the IMO, of course uses its membership rights to get advice from member countries in filing charges against the company. Even in 2022 Indonesia was elected as a member of the category C council for the period 2022 2023 so that Indonesia can be seen as higher and easier to submit compensation claims in 2022.

The IMO provides a platform for Indonesia to engage in international discussions and initiatives related to maritime safety, security and environmental protection, which is particularly relevant in the resolution of the Montara oil spill case.

The process of resolving the Montara oil spill case through the IMO (International Maritime Organization) includes several steps, known as IMO solutions. These steps include resolving the dispute through international legal channels under the umbrella of ITLOS (International Tribunal for the Law of the Sea), forming a task force team, preparing company documents, and facilitating expert witnesses and affected victims in the case settlement process.

The following are the steps in the case settlement process:

1. Option of legal recourse through ITLOS: After all negotiation and diplomacy channels were closed, Indonesia chose the international legal route under the umbrella of ITLOS for the settlement of the oil spill case at the Montara well.

2. Establish a task force team: The Government of Indonesia developed a task force team to support the case settlement process at ITLOS. The task force team will continue to support all case resolution processes by coordinating with the Australian Ministry of Foreign Affairs and Trade and facilitating expert witnesses from Indonesia and affected victims to Australia.

3. Preparing company documents: The task force team prepared company documents to demonstrate the government's commitment to the settlement of the case.

4.Litigating the lawsuit at home and abroad: The Indonesian government will file lawsuits at home and abroad to show the government's dedication in handling the Montara oil spill case, Indonesia will sue the Australian government to take responsibility for the Montara oil spill.

5. Facilitate expert witnesses and affected victims: The task force team will facilitate expert witnesses and affected victims in the case settlement process at ITLOS.

The successful solution provided by the IMO in helping Indonesia resolve the 2009 Montara oil spill case is proof that cooperation between countries is very important in maintaining environmental damage and strengthening the capacity and ability of a country to protect their marine territory. Through such solutions and cooperation, we can preserve and pass on a healthy and sustainable ocean and environment to future generations.

Suggestions for the settlement of the Montara oil spill case Indonesia can consider some of the suggestions provided by the IMO. However, some important factors need to be considered, such as cooperation between the Governments of Indonesia and Australia, issuance of international legal rules, and research and monitoring of the marine environment. In addition, transparency in the process of resolving marine environmental pollution disputes and the use of the law of the sea with regard to the 1982 Convention on the Law of the Sea. Cooperation with ocean-sustainable countries, such as Australia, is also important to address marine environmental pollution and safeguard the welfare of communities.

Penulis : Kenneth Athaullah Reyhan Wijaya

Prodi : Hubungan internasional 2022 Akreditas B Universitas Teknologi Yogyakarta.

Alasan saya berkuliah di Universitas Teknologi Yogyakarta adalah  mengembangkan minat dan soft skill saya khusus nya di bidang hubungan internasional untuk bekerja di lingkungan multikultural dan multinasional dan meningkatkan peluang mendapatkan pekerjaan yang lebih baik, seperti moto Universitas Teknologi Yogyakarta cepat lulus cepat kerja.

Dosen hubungan internasional favorit saya di Universitas Teknologi Yogyakarta adalah Ibu Lucy, Pak Ridho dan Pak Adi.

Dalam prodi hubungan internasional saya ingin mengambil konsentrasi bisnis karena saya ingin belajar pemahaman yang mendalam tentang hubungan internasional dan bagaimana hal itu mempengaruhi dunia bisnis, mempelajari tentang kebijakan luar negeri dan perdagangan internasional. Saya juga ingin tahu bagaimana sebuah perusahaan beroperasi di pasar global dan bagaimana mereka berinteraksi dengan pemerintah dan organisasi internasional.