THE RESPONSIBILITY OF THE STATE ON TRANSBOUNDARY HAZE POLLUTION AFTER THE RATIFICATION OF AATHP: CASE OF INDONESIA
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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.