The rules of State responsibility in international law indicate the circumstances in which the state will be fixed with legal responsibility for the violation of an international obligation. In other word State responsibility occurs when a state violates an international obligation owed to another state. Nuclear energy would contribute to peace, health, and prosperity through out the world. Nowadays, nuclear energy is used in various field such as in medical, agriculture, industry and research. Instead of the benefit, nuclear technology, creates unavoidable risk for all state, especially when nuclear accident happened, the environment is potentially affected by the possibility of radioactive contamination, and the long term of health hazards. In this case, it is important to manage the risk and take the appropriate step to control the use of nuclear energy. Regulations is one of the way to control the utilisation of nuclear energy. It is said that law is not only to regulate, but also to control. International law has already made some rules to regulate the use of nuclear, such as Convention on Early Notification of a Nuclear Accident 1986, and Convention on Nuclear Safety 1994. Act Number 10 , year 1997 regarding Nuclear Energy, regulates the use of nuclear energy for peace purposes in Indonesia. International Atomic Energy Agency (IAEA) is the international organization which has the right to control the use of nuclear energy, and in Indonesia, Badan Pengawas Tenaga Nuklir (BAPETEN) takes its role. This paper will talking about State responsibility regarding to public international law, and it is not dealing with the liability to pay for any compensation. This responsibility is in respect of nuclear activities for peace purposes especially in Indonesia. States also have the responsibility to protect and prevent the environment (precautionary principle), manage environmental degradation, and if it is necessary, pay for environmental recovery cost. |