PENEGAKAN HUKUM PIDANA TERHADAP TUMPAHAN MINYAK (OIL SPILL) DI KECEMATAN BELAKANG PADANG KOTA BATAM PROVINSI KEPULAUAN RIAU

Abstract

The marine pollution that occurred in the District of Belakang Padang, Batam City occurred in 2019. The incident began when tanker ships were cleaning tanks in the OPL (Out Port Limited) area, which is an area of high seas. This study aims to determine the enforcement of criminal law and the inhibiting factors of marine pollution by Oil Spill. The theory used by the author is Soerjono Soekanto's theory, namely the theory of preventive and repressive law enforcement. The first results obtained are that the regulations to enforce the oil spill case have not yet been implemented. Because, in its implementation through the stakeholders of the marine law enforcement agencies carrying out their duties in accordance with their respective authorities, and it was found that marine pollution law enforcement is still trying to enforce preventive laws such as prevention, mitigation, and recovery around oil spills. The second result of this study is related to the inhibiting factors for marine pollution law enforcement, each stakeholder has not been able to provide very strong evidence such as it is difficult to carry out investigative evidence because the evidence is easily lost/changed, oil sample certification must be accredited and registered, due to due to weather factors during the north wind season, the absence of a special coastal radar device to detect Oil Spill capabilities, not all are able to analyze oil, limited monitoring facilities, limited laboratory test facilities, and constrained by maritime authorities.