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Challenges Faced by the Indonesian Goverment in Handling The Montara Oil Spill Case

4 Januari 2024   13:59 Diperbarui: 23 Januari 2024   19:45 606
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The Montara Oil Spill occurred in the sea east of Indonesia on August 21 2009 for 74 days, polluting the waters of the Indonesian Timor Sea. This oil refinery belongs to Thailand so Indonesia is asking for compensation from the defendants to cover the losses received by Indonesia. So this case is detrimental to seaweed farmers, fishermen, in several eastern regions of Indonesia, Indonesia addresses problems in accountability and compensation regarding trans-boundary marine pollution due to offshore activities. It has been 13 years since this case has not been resolved until now. Although efforts have been made to implement the initiatives that have been carried out in the past, these efforts still require the use of human resources and efforts to establish good relations and cooperation between countries. 

The Montara Oil Spill has an impact on the health of Indonesia's water, so that people living in these waters are at risk of being exposed to several chemical spills.
Due to this pollution, the livelihoods of coastal communities will certainly decline drastically and this will certainly result in a decline in the national transaction market in the fisheries sector and even the tourism sector.
Decreased quality of the environment or marine life, such as coral reefs and fish production. 

Therefore, the Indonesian government involved IMO in resolving the case and asked for advice on preventing serious marine pollution due to oil spills from the PTTEP oil refinery leak. IMO also helps Indonesia to know the amount of compensation that Indonesia will bring against PTTEP considering the oil spill and the severity of the impact caused by the oil refinery failure. because IMO also has a focus on helping solve problems.
 The International Maritime Organization (IMO) is an organization that focuses on the regulation and coordination of activities in the international maritime sector. IMO plays an important role in being responsible for the security and safety of shipping activities and preventing pollution at sea caused by ships.
and Indonesia is a member of the IMO.

The Montara oil spill case presents several challenges for the Indonesian government, as it navigates the complexities of cross-border pollution damage caused by offshore exploration and exploitation activities. The government is currently preparing to ratify the International Convention on Oil Pollution Preparedness, Response, which regulates actions that a country needs to take in the event of an oil spill at sea. However, the handling of the Montara oil spill case is still ongoing, and the government continues its efforts to protect the rights of the affected communities. The negotiations to reach a consensus on the MoU have encountered several obstacles, resulting in the failure to achieve a unified agreement between the parties. The Indonesian government has reviewed various dispute resolution options, including litigation, and supports the class-action lawsuit filed by the East Nusa Tenggara seaweed farmers as the party directly affected by the Montara oil spill. To increase the effectiveness of the response, the Indonesian government is committed to continuously support and protect Indonesian communities affected by the spill. Furthermore, the Indonesian government is taking legal action to obtain compensation for the damage caused by the Montara oil spill. The government is seeking at least 27.4 trillion rupiah ($1.7 billion) in damages from PTT Exploration & Production Pcl, even after the Thai company reached an initial settlement with farmers in the area. The government aims to ensure that the affected communities are fairly compensated for their losses and that the spill's impact on the environment and local communities is mitigated as much as possible.

Challenges faced by the Indonesian government in handling the Montara oil case :


1. Communication between countries: Indonesia requires effective cooperation or communication with the Australian government and related parties for joint case handling. Of course, it is not easy for the Indonesian government to coordinate with the parties involved, especially because it takes time to communicate and hold an official meeting.


2. Environmental monitoring in the marine area: the Indonesian government through the task force team continues to try to facilitate efforts to continue to facilitate environmental monitoring efforts in the Timor sea area. monitoring has been carried out, such as taking samples to observe various waste materials, substances containing hydrocarbons and petroleum because they have become an international concern.


3. Recovery from oil pollution in the sea: It can be seen that the oil in Indonesian waters contains light oil and heavy oil. Chains with high carbon content are difficult to decompose in the marine environment and are long-lasting. High TPH values (T1, T2 and T3) in the range of 705,100 to 932,800 ppm, are very dangerous for marine biota. Meanwhile, data from the Montara well platform shows PAHs of 93,200 ppm. Studies show that the effects of TPH affect reproduction in the long term, influence the population decline of certain important individuals/species in nature, and disrupt ecosystem function. This has social and economic impacts because there will be losses and impacts on the environment, including disruption of the marine environment due to oil spills which result in reduced catches of coral reefs. This is the most difficult challenge for the government, because recovering from marine pollution takes a very long time.

4. Environmental Damage and Restoration Costs: The government is seeking significant compensation for environmental damage and restoration costs, including damage to coral reefs, mangroves, and marine life. The total damage costs are still being calculated, and the government anticipates that they may be bigger than initial estimates

5. Negotiations and Lawsuits: There has been a breakdown in negotiations between the Indonesian government and the company responsible for the oil spill, PTTEP. This has led to the government's decision to file a $1.7 billion lawsuit in 2023 to seek damages for the environmental impact and restoration efforts

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