THE IMPLEMENTATION OF STATE RESPONSIBILITY PRINCIPLE IN INDONESIA CONCERNING PLASTIC WASTE OF PACIFIC OCEAN

Article Info Abstract Received : 13/07/2020 Approved : 10/08/2020 Today, plastic waste is the most widely found in the Pacific Ocean, around 99% of garbage in the Pacific Ocean is plastic waste. Indonesia as the second-largest contributor plastic waste to sea, it needs to implement the state responsibility principle to fulfill the international obligations as referred to article 235 (1) of the United Nations Convention on the Law of the Sea (UNCLOS) 1982, stated that states are responsible for the fulfillment of their international obligations concerning the protection and preservation the marine environment. The state responsibility principle is also discussed at the national level, in Indonesia itself, there is a national regulation that discusses the state responsibility principle such as Law No. 32 of 2009 on environmental protection and management. Therefore, this paper will discuss the implementation of state responsibility principle in Indonesia and the challenges faced by Indonesia in implementing the state responsibility principle.

The plastic waste in the Pacific Ocean comes from states and form the largest pile of plastic waste in the world. The surprising fact is Indonesia as the second-largest contributor plastic waste to sea after China 6 . The Pacific Ocean is part of the high seas 7 , is used as the common heritage of mankind. 8 . That means all states including Indonesia are obliged to protect and preserve natural resources on the high seas. Every state has full sovereignty over their territorial waters and has the exclusive right to use natural resources in their territory and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. 9 States are responsible for the fulfillment of their international obligations concerning the protection and preservation of the marine environment. They shall be liable in accordance with International Law 10 . It can be concluded that the state has responsibility for the protection and preservation of the marine environment as a form of fulfilling the international obligation. One of the customary international law is states must prevent, reduce, and control transboundary pollution and environmental harm. 11 The state must ensure that their activities under their jurisdiction do not cause damages to other states. Therefore, Indonesia as the second state that contributes plastic waste to the ocean must be responsible for domestic waste in the Pacific Ocean. Under Indonesia regulation there is Law No.32 of 2009 on Environmental Protection and Management, particularly in article 2 also discussed the state responsibility principle. Therefore, this paper attempts to investigate how the implementation of state responsibility principle in Indonesia as a state that contributes plastic waste to Pacific Ocean and the challenges faced by Indonesia in implementing state responsibility principle to handle the issue of plastic waste.

II. RESEARCH METHODS
This study uses normative research methods. The normative legal research is research that uses library research to obtain data. Normative legal research covers the principles and legal doctrines, systematic law, written law, comparative law, and legal history 12 . This research focusing on reading and analyzing data of the primary and secondary materials. But in the secondary sources, the researcher will include the regulation and interview with the program manager of HAkA Foundation (The Foundation focuses on Aceh's forests, nature, and environment).
The data is obtained through library research that is related to the object of research, which covers primary sources (UNCLOS 1982, Stockholm Declaration 13 , ILC 2001 , and Law of Indonesia No. 32 of 2014 on the Sea, Law of Indonesia No.32 0f 2009 on Environmental Protection and Management) and secondary sources (law books, law papers, interview with HAkA Foundation). The data obtained from library research. The collected data will be processed systematically to get a depiction that matches the research problem. The data will be analyzed by using a qualitative approach, so that objective analysis can be obtained to answer the problems raised.

The General Aspect (State Responsibility Principle for Marine Pollution in International
Regulation) The principle of State responsibility itself was born in the late 19th century when there was a  Kaczorowska, Public International Law, Third Edition, RoutledgeCavendish, Abingdon Oxon, 2005, p. 175-176. 15 Trail Smelter is a cross-border environmental pollution case involving the Federal Government of Canada and the United States as parties to the dispute in 1941. The dispute arose because pollution fumes from a zinc ore smelting plant in Canada had polluted and damaged land and food crops in Washington, United States. The fume produced from the smelting plant contains sulfur dioxide gas that is carried by the wind into the Columbia River Valley and causing damage to food crops and forests around the area passed by the fume to the territory of Washington, United States. Based on the results of the United States Department of Agriculture investigation, the zinc smelting fumes have caused damage to the leaves of food crops and also resulted in decreased soil productivity. See on Neni Ruhaeni, "Perkembangan Prinsip Tanggung  International law does not allow the state to conduct activities within their territories, or in common spaces, without regard for the rights of other states or the protection of the global environment. This point is sometimes expressed by reference to the maxim sic uteretuo, utalienum non laedas or this principle means "use your own property in such a manner as not to injure that of another". Therefore, the principle of "sic utere" or also called the principles of "good neighborliness", but the contribution of customary law in the environmental matter is neither as modest 24 .
One of two rules that provide significant support in state practice, judicial decisions, multilateral environmental agreement, and the work of the International Law Commission that is "states have a duty to prevent, reduce and control transboundary pollution and environmental harm resulting from activities within their jurisdiction or control." It can be regarded as customary international law or in certain aspects as general principles of law 25 .  1982, art. 195 "In taking measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to transfer, directly or indirectly, damage or hazards from one area to another or transform one type of pollution into another" Several cities and municipalities in the Philippines have enforced plastic bags and single-use regulations (charges or bans), apply for the National Zero Waste Program which regulates waste separation at the household level to reduce the costs of handling waste 36 . Singapore, one of the world's biggest players in the fast-food chain industry, has now banned plastics (plastic lids and straws) for dine-in customers. Large businesses and enterprises in Vietnam have also introduced ecofriendly bags to shoppers, with the government imposing an environment tax on plastic bags 37 .
Vietnam has started developing its National Action Plan on Management of Ocean Plastic Waste and will also explore legislation and policies related to plastics pollution 38 .
In dealing with marine plastic debris issues in the East Asian Seas (EAS), one of the most important actors is UNEP (the United Nations Environment Programme  In implementing the principle of responsibility for pollution and environmental damage, one of the efforts that must be made is preventive and repressive measures. Preventive measures as one points in controlling environmental damage need to be implemented to optimize the instruments of supervision and licensing 48 . One example of a preventive measure is an Environmental Impact Assessment (EIA). Every business or activity that has a significant impact on the environment must have an EIA 49 . EIA is a preventive measure to prevent environmental damage and prerequisites for obtaining an environmental permit 50 . One of preventive measure is a risk analysis of the possible or effect of an activity plan, which is also arranged in article 206 of UNCLOS 1982.
When pollution and environmental damage have occurred, then repressive measures need to be made in the form of effective law enforcement, consequent and consistent with environmental pollution and damage that has occurred 51 . Repressive actions are carried out with the use of legal The government has the authority to force business actors to restore the environment and the government can ask experts or appoint the third party to calculate the cost of recovery and making a recovery using the costs of business actors that cause pollution 65 .
In article 56 paragraph 1 of Law No. 32 of 2014 stated that the government is responsible for protecting and preserving the marine environment. In addressing the problem of marine pollution, the government must also work together whether bilaterally, regionally, and multilaterally to implement the prevention, reduction, and control of marine pollution 66   Based on the results of interviews with Mr. Crisna Akbar as a program manager at the HAkA Foundation 75 (Aceh Natural Forest and Environment Foundation). He mentioned that the settlement mechanism in Indonesia was not yet directed. According to this problem, there must be special regulations governing the mechanism of solving environmental problems 76 .
In implementing the principle of state responsibility for pollution and environmental damage, one of the efforts that must be carried out is preventive 77 and repressive measures 78 . Mr. Crisna Akbar was stated that one effort of applying the principle of state responsibility is preventive measures relating to supervision and licensing 79 . He also mentioned that the AMDAL which was one of the prevention efforts had not been carried out objectively. One of the weaknesses that the AMDAL Drafting Team is not from the government 80 . So, the government should monitor closely the process of drafting the AMDAL so that decision or permit is given does not harm the environment 81 .
Seeing the problems facing the global today regarding plastic waste. He argued that one of the steps that can be taken by the government in reducing plastic waste is to encourage companies to be responsible for the waste generated from the company's production. 82 Based on the waste management hierarchy, the most strategic step is focused on avoiding the emergence of marine litter or preventing garbage from entering the sea. HAkA stands for forest, nature and environment of Aceh. HAkA mission strives for a stronger and healthier Aceh. This is created through an empowered civil society whose members contribute to the wellbeing of the province by participating in activities that enhance environmental function to provide clean air, water and earth and to sustain forest, river and ocean. The vision is the long-term health of Aceh Provincesocially, financially and environmentally. The last challenge that faced by Indonesia on handling the issue of plastic waste is the public awareness and behavior of community in the use and disposal of plastic waste. So education about plastic waste is needed to encourage public awareness in reducing the use of plastics. Therefore, the Indonesian government must make more efforts to increase the awareness of the Indonesian citizen on the issues of marine plastic litters 86 through environmental education 87 .
Education regarding the environment is a difficult topic to cover because every answer is completely different 88 . Promoting marine environmental education and awareness in schools would be an effective tool to mitigate plastic pollution. By targeting youth habits, practices can be fostered that may indirectly involve marine environment protection 89 .

IV. CONCLUSION
The