In March 2017, a vast cruise ship, Caledonian Sky, damaged the prestigious protected marine area in Raja Ampat, Indonesia. Intending to see the beauty of the coral reefs, the tourist vessel entered the area and severely damaged the ecosystem. The captain claimed the damage was unintentional and requested no legal proceeding. The Government of Indonesia (GoI) attempted to hold the cruise company and the captain liable. Unfortunately, none of the actions has resulted in a positive. Domestic legal infrastructure has been argued to play a crucial role the failure to hold liability. This article attempts to analyses this contention by observing Indonesia’s international rights and obligations to protect the marine environment. This article studies similar cases regarding the efforts made by the GoI hold companies or individuals liable who commit such misdemeanors in and outside of Indonesia. Finally, recommendations on how the GoI can hold wrongdoers liable are provided.
|Title of host publication||Challenges of Law and Governance in Indonesia in the Disruptive Era II|
|Publisher||Nova Science Publishers, Inc.|
|Number of pages||56|
|Publication status||Published - 1 Jan 2021|
- Marine protected areas