Originally published in ACTIO E-Magazine Edition 28 (December 2025). Law as of December 2025.
Introduction
Carbon capture and storage is central to Indonesia’s climate strategy, and its most consequential questions are now maritime: who bears the risk when CO2 is stored beneath the seabed, who pays if it leaks, who faces criminal liability when the rules are unclear, and how disputes are resolved when a leak crosses a border. ACTIO Edition 28, published in December 2025 under the theme “Carbon Capture Storage in Indonesia Water: Framing the Legal Depths Before We Dive?”, brings those questions together in one edition.
Five of the six articles below were originally published in the magazine and posted on this website in January 2026; they have now been rewritten as optimised web articles, shortened from the magazine text, with a direct answer, key takeaways and frequently asked questions. The sixth article, on CCS governance, is published here for the first time. Together they cover the full arc of the edition: contract structuring and risk allocation, civil liability for leakage, criminal accountability, transboundary disputes, governance, and the practical question of how CCUS works in the maritime sector.
Contents
- Structuring Offshore CCS Contracts: Risk Allocation, Liability, and Investor Confidence in Indonesia 2026 — How contracts allocate risk, liability and long-term responsibility across the CCS value chain, and why clear indemnity, insurance and financial assurance terms make projects bankable. (https://www.ap-lawsolution.com/actio/structuring-offshore-ccs-contracts-risk-allocation-liability-and-investor-confidence-in-indonesia-2026/)
- Civil Liability for Carbon Leakage at Sea: Identifying Legal Remedies in Indonesia 2025 — Which civil liability model should apply if stored CO2 leaks at sea: fault-based tort, strict liability, or a hybrid model like the EU’s. (https://www.ap-lawsolution.com/actio/civil-liability-for-carbon-leakage-at-sea-identifying-legal-remedies-in-indonesia-2025/)
- Criminal Accountability in Offshore CCS: Balancing Deterrence and Innovation Amid Compliance Risks in Indonesia 2026 — The criminal risks in offshore CCS: B3 waste classification, the line between storage and dumping, and gaps in transport standards. (https://www.ap-lawsolution.com/actio/criminal-accountability-in-offshore-ccs-balancing-deterrence-and-innovation-amid-compliance-risks-in-indonesia-2026/)
- Carbon Capture and Storage in Indonesian Water: Brief Identification on Risk of Transboundary Dispute in 2026 — What happens if a CO2 leak crosses Indonesia’s maritime boundaries: UNCLOS duties, the Montara lesson, and where disputes would be heard. (https://www.ap-lawsolution.com/actio/carbon-capture-and-storage-in-indonesian-water-brief-identification-on-risk-of-transboundary-dispute-in-2026/)
- Charting Indonesia’s CCS Governance: An Outlook — Indonesia’s three CCS hubs, the missing offshore rules, and what the EU and Norway teach about jurisdiction, shipping and coordination. (https://www.ap-lawsolution.com/actio/charting-indonesias-ccs-governance-an-outlook/)
- Carbon Capture, Utilization and Storage: How do we implement this concept in Indonesian maritime sector? — Expert’s Corner with Dede Abdul Hasyir, Sustainability Researcher at Universitas Padjadjaran, on blue carbon, onboard capture and implementation. (https://www.ap-lawsolution.com/actio/carbon-capture-utilization-and-storage-how-do-we-implement-this-concept-in-indonesian-maritime-sector/)
Related parts
- Articles 1, 2 and 3 form the liability core of the edition: how contracts allocate risk, which civil liability model should apply to leakage, and where criminal accountability begins.
- Articles 4 and 5 address the cross-border and governance dimensions: transboundary disputes under UNCLOS and the outlook for Indonesia’s CCS governance, drawing on the EU and Norway.
- Article 6, the Expert’s Corner, turns from law to implementation: how CCUS works in the maritime sector, the role of blue carbon, and onboard carbon capture.
- Readers interested in how similar governance questions arise in other maritime technologies should also read ACTIO Edition 30, Maritime Cyber Risk, in particular “Is Indonesia’s Maritime Cybersecurity Framework Aligned with IMO Standards?” and “Digital Trust at Sea: Is Maritime Governance Keeping Up with Digital Transformation?”.
Originally published in ACTIO E-Magazine Edition 28 (December 2025). Law as of December 2025.
