THE RESPONSIBILITY OF THE STATE ON TRANSBOUNDARY HAZE POLLUTION AFTER THE RATIFICATION OF AATHP: CASE OF INDONESIA
Abstract
Land and forest fires in Indonesia has resulted the economic and ecological losses caused
by opening the land (land clearing) with burning land. Land and forest fires in Sumatra
and Kalimantan are now not only a national issue, but also became an international issue
because it arise the transboundary haze pollution. Beside the loss in Indonesia itself, the
smoke also disrupts neighboring countries, such as Malaysia, Brunei and Singapore.
Every year Malaysia and Singapore as countries affected by transboundary haze pollution
filed a strong protest to the Indonesian government. Based on the principle of
international law of state responsibility, Indonesia should be responsible for the
transboundary haze pollution. Because of it has disrupted the environment of other
countries. In 2014, Indonesia became the last country to ratify ASEAN Agreement on
Transboundary Haze Pollution (AATHP). The type of this research is a normative legal
research. By using a qualitative descriptive method, the research aims to describe the
responsibility of Indonesian government on transboundary haze pollution after the
ratification of AATHP. The result shows that Indonesia cannot be required to pay
compensation fully because it was a shared responsibility to prevent the transboundary
haze pollution and Indonesia also can avoid lawsuits of international law because of
transboundary haze pollution. The Indonesian government have to undertake preventive
action, which prevents forest fires that often occur as a result of land clearing. The
government also has to educate the farmers on how to open land effectively.