Analisis Yuridis Peran Hukum Internasional Dalam Upaya Pencegahan Pencemaran Sampah Plastik Sekali Pakai Terhadap Perlindungan Lingkungan Laut Negara Indonesia

Abstract

Plastic pollution is a global problem and must be tackled in a sustainable manner. One
form of effort to protect the marine environment is found in the 1982 United Nations
Convention on the Law of the Sea (UNCLOS 1982) which can be seen in article 235
UNCLOS 1982, and the International Convention for the Prevention of Pollution from Ships
1973, (MARPOL Convention 1973), In MARPOL 1973 Annex which regulates the
prevention of marine pollution from plastic waste is Annex 5 concerning the prevention of
waste pollution from ships, contained in Regulations 3 (Disposal of Garbage Outside Special
Areas). This study aims to determine the role of international law in regulating issues of
single-use plastic waste pollution against the protection of the marine environment of
Indonesia and Indonesia's role in implementing efforts to reduce single-use plastic pollution
through provisions of international law.
This type of research includes the type of normative juridical research. To obtain data
in this legal research, the authors use several approaches, namely the statute approach, case
approach. This research uses literature research by obtaining secondary data in the form of
literature books, research results, journals, articles, and legal regulations related to the object
of research.
From the results of the research that has been done, there are two main things that can
be concluded. First, with the continuing increase in the amount of single-use plastic waste
pollution in the sea, this proves that the role of UNCLOS 1982 and MARPOL 1973 has not
been able to stop the rate of pollution that is occurring, plus UNCLOS 1982 has not
specifically regulated plastic waste, this has had a negative impact on marine biota which can
also impact the economy, health, social. Second, International Law and National Law have
regulated the prevention of environmental pollution. Both UNCLOS 1982 and Law 32 of
2009 have regulated pollution prevention rules. One of the main challenges in overcoming
the problem of marine plastic waste in Indonesia is the absence of specific laws that regulate
marine plastic pollution. Even though Indonesia already has a legal basis for protecting and
managing the marine environment, such as Law Number 32 of 2009 concerning the
Protection and Management of the Environment, and Law Number 32 of 2014 concerning the
Sea, there is no law that specifically deals with marine plastic waste.