Marine Casualty Caused by Ever Judger in Balikpapan Bay: Human Error or Technical Factors?

DOI

10.2991/assehr.k.211020.083How to use a DOI?

Keywords

marine casualty, liability, Balikpapan Bay, Pertamina

Abstract

A marine casualty involved MV Ever Judger has occurred on 30 March 2018 in Balikpapan Bay. The vessel was about to leave the terminal and headed to Malaysia. Unfortunately, the ship underwent problem on main engine and the departure was delayed. Later in the evening, the crews resolved the issue and planned to drop the anchor in Balikpapan Bay. The anchor hit and dragged the submerged crude oil pipeline of Pertamina which caused pipeline damage and crude oil pollution. There were three ships impacted by the fire blast, the vessel itself and two other wooden vessels. One of the vessel’s crew was badly injured, and five people died at the scene. The report says that crude oil spread onto the bay and damaged marine life and mangrove forest. The accident has caused one of the five pipes broken into V-shape. Pertamina underwater survey reported there was an anchor scar, assumingly the vessel’s anchor. Balikpapan District Court passed a judgment that the Master found guilty of breaching Article 98 (3) of Law Number 32/2009 on Protection and Management of Environment. The study aims to discuss the liabilities of parties in this casualty. This research uses normative juridical approach, namely analyzing document study and literatures using secondary data, consist of primary, secondary and tertiary legal resources, such as relevant statutory regulations, international conventions, court’s hearings and judgments, books and journals combined with interview with relevant parties. The study is explanatory in nature by studying the case through information, statements and other sources.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Nirmala Many
AU  - Muhammad Reza Syariffudin Zaki
AU  - Cecilia Elisabeth Agatha
PY  - 2021
DA  - 2021/10/21
TI  - Marine Casualty Caused by Ever Judger in Balikpapan Bay: Human Error or Technical Factors?
BT  - Proceedings of the 1st UMGESHIC International Seminar on Health, Social Science and Humanities (UMGESHIC-ISHSSH 2020)
PB  - Atlantis Press
SP  - 582
EP  - 587
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211020.083
DO  - 10.2991/assehr.k.211020.083
ID  - Many2021
ER  -