A LEGAL OVERVIEW OF CLEANUP OPERATIONS

1979 ◽  
Vol 1979 (1) ◽  
pp. 75-77
Author(s):  
James A. Evans
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Common Elements ◽  
Legal Risk ◽  
Legal Risks ◽  
The Law ◽  
The Government ◽  
Legal Forms

ABSTRACT Who must act when an oil spill occurs? What are the legal risks involved? The government can act to clean up a spill. What are the incentives to have owners clean up? What happens if an owner cleans up someone else's oil; can the costs be recovered? What is an oil spill cooperative? What legal forms do they take? There are a number of common elements in most cooperatives. What reliance is placed on oil spill cooperatives under the law? What is the legal risk when oil spill cooperatives are used? What are the combined powers of landlord and government when oil spills are involved? All the powers of government and landlord are brought together. The law and regulations are pervasive. What are the obligations when an oil spill occurs onshore?

scholarly journals Analisis Dampak Oil Spill Di Teluk Balikpapan Terhadap Kehidupan Masyarakat Dalam Perspektif Hukum Dan Lingkungan

2021 ◽  
Vol 21 (1) ◽  
pp. 18
Author(s):  
Muhammad Yaris Ahyadi ◽  
Abimanyu Putra Syarifudin ◽  
Alesha Zahira Khairunnisa ◽  
Joana Dacosta Ximenes ◽  
Muhammad Hilal Hamdi
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Marine Pollution ◽  
Local People ◽  
Community Based ◽  
Oil Pipeline ◽  
Know How ◽  
The Law ◽  
The Government ◽  
The Impact

One form of marine pollution is an oil spill that can come from the fault of tanker activity while operating.An example of the case is the incident of oil spill in Balikpapan Bay due to the leak of pertamina's oil pipeline in 2018, 5 thousand liters of oil spilled and polluted the sea with an area of more than 12 thousand hectares.Using normative juridical methods, researchers will conduct an analysis of the impact of the oil spill in Balikpapan Bay on the lives of the surrounding community based on legal and environmental perspectives.The purpose of the author by making this paper is to know how the process of tackling and impacting oil spills so far for the surrounding community based on the law and the environment, can also be an input for the government to be able to resolve the case of oil spill in balikpapan bay that has lasted about 3 years, so that the lives of local people can run smoothly as before the oil spill incident.

FIRST GERMAN OIL SPILL HANDBOOK FOR HAMBURG HARBOR

1985 ◽  
Vol 1985 (1) ◽  
pp. 183-188
Author(s):  
Dirk-Uwe Spengler
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Environmental Sensitivity ◽  
Contingency Plan ◽  
Action Team ◽  
Private Action ◽  
Maximum Effort ◽  
The Government ◽  
Time Of Year ◽  
The Elbe River

ABSTRACT Motivated by two greater oil spills in 1981 and 1982 with total cleaning costs of about $11 million, the Free and Hanseatic City of Hamburg developed in 1983 a complete oil spill contingency plan with a detailed environmental sensitivity map. This book concerns the Elbe River inside the boundaries of Hamburg and, of course, the harbor region, which covers about 87 km2. The contingency plan is called Ölunfall—Handbuch (Oil Spill Handbook). It starts with general remarks about the physical and chemical characteristics of oil. Especially, there are lists of imported and exported crude oil and oil products in the Hamburg Harbor complete with lists of important parameters for combating the effects of these oils and products. This is followed by chapters dealing with the behavior and characteristics of oil after a spill, and the classification and identification of oil. Some analytic methods for in situ measurements are listed. Safety measures during combating actions are followed by a general discussion of combating methods such as various booms, skimmers, pumps, chemicals, and interim depots. Simulations and experiments were carried out to get better knowledge of the hydraulic conditions and to enable predictions, especially in the streamed harbor basins. The contingency plan details the notification and mobilization of the command team of the government environmental agency, the mainly scientific support teams, and the private action team. Environmental sensitivity maps have been developed to help the command team identify priority areas for maximum effort for combating actions. The system includes 18 general profiles, which describe the location of beaches and quays in Hamburg with a sensitivity scale from 2 to 10 with respect to the cleanup possibilities in oil spills. The maps also show if combating has to be done only from the water side, where there are ramps and cranes for loading ships with equipment, and prepared places for OSC containers. Most important are the areas of ecological significance marked by symbols of the types of birds, plants, fish and benthos with symbols for the time of year they will be there. Finally, 162 points are designated for which special recommendations are given for combating actions, including remarks about needed facilities, staff, and times to arrive.

Part VII Characteristics of Legal Risk, 24 Sources of Legal Risk

2018 ◽  
Author(s):  
Mccormick Roger ◽  
Stears Chris
Keyword(s):  
Financial Markets ◽  
Financial Institutions ◽  
Soft Law ◽  
Law And Finance ◽  
Legal Risk ◽  
Legal Advice ◽  
Cross Border ◽  
Legal Risks ◽  
Judicial Reasoning ◽  
The Law

This chapter considers the various sources of legal risk. Understanding the sources of legal risk is at least as important as understanding the component parts of a detailed definition. Only in this way can we understand why legal risks arise in the first place. Developing such an understanding is crucial to designing systems and procedures intended to manage the risks. The sources of legal risk include the behaviour of financial institutions (i.e. limited legal awareness, failure to implement legal advice, exploiting the letter of the law, and outsourcing), the nature of financial markets (i.e. financial innovation, new market sectors and convergence, and cross-border business), problems with the law (i.e. bad law, policy concerns, inaccessible law, and unpredictable judicial reasoning), and the interaction of law and finance (i.e. hard and soft law, interaction of soft law and consumerism, and globalization).

Volunteers at Oil Spill Cleanups: Guidance for On-Scene Coordinator1

1991 ◽  
Vol 1991 (1) ◽  
pp. 161-165 ◽  
Author(s):  
Ray E. Spears ◽  
Suzanne E. Helton ◽  
Anita L. Pease ◽  
Thearin R. Wendel
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Hazardous Substances ◽  
Legal Concept ◽  
Service Workers ◽  
Large Numbers ◽  
The Difference ◽  
The Government ◽  
Oil Spill Cleanup ◽  
The Way

ABSTRACT Contamination of waters, beaches, shorelines, and wildlife after oil spills is the subject of increasing public concern, especially in the wake of recent large spills receiving extensive media attention. In many areas, members of local communities have demonstrated their concern by arriving at the sites of oil spills and volunteering to participate in efforts to clean up affected areas. The volunteers often arrive in large numbers and are usually untrained in the mechanisms of oil spill response and cleanup. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) specifies that a designated federal on-scene coordinator (OSC) coordinate and direct federal activities at the site of certain response and removal actions, including the way in which volunteers will be used. What is crucial to OSCs is distinguishing between those people who fall under the legal concept of “volunteer” and those who are offering to provide gratuitous services. Accepting voluntary services, as opposed to gratuitous services, presents a dilemma in the form of liability to both the government and OSC. This discussion focuses on statutory requirements that OSCs must follow at the site of an oil cleanup, the difference between “volunteer” and “gratuitous” service, and liability when accepting these services. The NCP specifies that OSCs identify ways in which volunteers be used, and recent oil spill cleanup efforts in three states provide examples of the way in which gratuitous service workers can be used to make significant contributions.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin
Keyword(s):  
Public Service ◽  
The State ◽  
Service Agency ◽  
State Budget ◽  
Procurement Process ◽  
The Law ◽  
The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

ECOLOGICAL AND GEOMORPHOLOGICAL ASSESSMENT OF THE VULNERABILITY OF THE COASTS OF THE KARA SEA TO THE OIL SPILL

2017 ◽  
Author(s):  
Alexander Ermolov ◽  
Alexander Ermolov
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
International System ◽  
Kara Sea ◽  
Coastal Protection ◽  
Sensitivity Index ◽  
Oil Spill Response ◽  
Expert Assessments ◽  
International Systems

International experience of oil spill response in the sea defines the priority of coastal protection and the need to identify as most valuable in ecological terms and the most vulnerable areas. Methodological approaches to the assessing the vulnerability of Arctic coasts to oil spills based on international systems of Environmental Sensitivity Index (ESI) and geomorphological zoning are considered in the article. The comprehensive environmental and geomorphological approach allowed us to form the morphodynamic basis for the classification of seacoasts and try to adapt the international system of indexes to the shores of the Kara Sea taking into account the specific natural conditions. This work has improved the expert assessments of the vulnerability and resilience of the seacoasts.

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