Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)
Previously, the www.hukumindo.com platform has talk about "MV Captain Sentenced to 10 Years in Prison Related to Oil Spill in Balikpapan Bay", "Gugatan Tambahan (Asesor)", "Tiga Larangan Hukum Acara Terkait Merubah Surat Gugatan" you may read also "Pengertian dan Pengaturan Penggabungan Gugatan" and on this occasion we will discuss about 'Related To The Balikpapan Bay Oil Spill Case, Pertamina Won the Lawsuit'.
The South Jakarta District Court (PN) granted PT. Pertamina (Persero) against Zhang Deyi (son of Zhang Zheniqing) (Defendant 1), Ever Judger Holding Company Limited (Defendant 2), Fleet Management Ltd (Defendant 3), and PT Penascop Maritim Indonesia (Defendant 4), and punished the defendants to jointly and severally pay compensation to PT. Pertamina (Persero) in the amount of IDR 1,596,370,080,820.49 and USD 23,722,028.53.
The Panel of Judges at the South Jakarta District Court chaired by Nazar Effriandi Siregar, S.H. with the judge in favor of members H. Bawono Effendi, S.H., M.H., and Hapsoro Restu Widodo, S.H., on Wednesday, January 19 2022, through his decision Number: 976/Pdt.G/2018/PN.Jkt.Sel stated that he granted PT. Pertamina (Persero) lawsuit.
Attorney for PT. Pertamina (Persero), Otto Hasibuan, explained that the case started with environmental pollution in Balikpapan Bay which occurred as a result of the actions of Defendant 1 who dropped the anchor in the restricted zone up to the restricted zone which caused the underwater pipeline belonging to PT. Pertamina (Persero) broke/damaged and the crude oil that was in the pipeline also came out and caused an oil spill at sea. The Panel of Judges in their decision considered that the act was clearly not only contrary to Defendant 1's legal obligations as a ship captain, but also violated the civil rights of PT. Pertamina (Persero) which is subjectively protected by statutory provisions to own and operate a sub-sea pipeline.
Furthermore, in accordance with the provisions of Article 1367 of the Civil Code Jo. Article 321 Commercial Code Jo. Article 41 paragraph 1 Law 17/2008 Jo. Article 100 paragraph 2 of Law 17/2008 Jo. Article 181 paragraphs 1 and 2 of Government Regulation Number 20 of 2010 concerning Transportation in Waters, Article 1 point (7) Law 17/2008 Jo. Article 11 paragraph (4) Law 17/2008 Jo. Article 12 point 'C' Regulation of the Minister of Transportation Number PM 11 of 2016 concerning the Operation and Operation of Ship Agencies, the Panel of Judges is of the opinion that there appears to be a legal relationship between Defendant 1, Defendant 2, Defendant 3 and Defendant 4, so that the unlawful acts committed by Defendant 1 are not only the responsibility of the responsibility of Defendant 1 but also the responsibility of Defendant 2, Defendant 3 and Defendant 4. Thus Defendant 1, Defendant 2, Defendant 3 and Defendant 4 are obliged jointly and severally to pay compensation for the unlawful act committed by Defendant 1.
The full text of the court ruling is as follows:
In the Exception:
Rejecting the Defendants' exception in its entirety.
In the Substantial Matter:
- Granted the Plaintiff's Claim in part.
- Declare that Defendant 1 has committed an unlawful act against the Plaintiff.
- Punish the Defendants to be jointly and severally liable for the losses suffered by the Plaintiffs.
- Punish the Defendants jointly and severally liable to pay for the material losses suffered by the Plaintiff in the amount of Rp. 1,596,370,080,820.49 and USD 23,722,028.53 (twenty three million seven hundred twenty two thousand twenty eight point fifty three cents United States Dollar);
- Rejecting the Plaintiff's Lawsuit for other than and the rest.
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Mahmud Kusuma Advocate
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Jakarta - Indonesia.
1. "Pertamina Menang di Kasus Pencemaran Lingkungan Teluk Balikpapan", www.portonews.com., Diakses pada tanggal 27 November 2022, Link: https://www.portonews.com/2022/keuangan-dan-portfolio/lingkungan-hidup/pertamina-menang-di-kasus-pencemaran-lingkungan-teluk-balikpapan/