TRANS-BOUNDARY HAZE POLLUTION IN THE ASEAN REGION (THE CASE STUDY OF FOREST FIRE IN INDONESIA)

TRANS-BOUNDARY HAZE POLLUTION IN THE ASEAN REGION (THE CASE STUDY OF FOREST FIRE IN INDONESIA)

POLLUTION-LAW

Forest fires occur almost every year in the ASEAN region, especially inIndonesia. ASEAN Agreement on Trans-boundary Haze Pollution (AATHP), signedin Kuala Lumpur Malaysia in June 2002, was formed to handle trans-boundary hazepollution which caused by forest fire. This agreement has been ratified by nineASEAN countries, but Indonesia is the only country that has not ratified it.This study aims to examine the rights and obligations of the AATHP memberstates in overcoming forest fire and to comprehend advantages and disadvantages forIndonesia if Indonesia ratifies the AATHP as well as to comprehend the obstaclesfaced by Indonesia in overcoming forest fire.The method of research that used is a library research. Library research isapplied to get secondary data, through reading, citing and analyzing data that arerelated to object of research.The research shows that AATHP requires ASEAN countries to work togetherto prevent and resolve trans-boundary haze pollution from forest fires, for exampleworking together on identifying fire, assessment and early warning systems,exchange of information and technology, and the provision of mutual assistance.Every country has the sovereign right to exploit their natural resources at theirdisposal, but shall ensure that such activities do not damage the environment andhealth of people of other countries. Various advantages will be obtained afterratifying AATHP, especially for Indonesia of which will receive funding andtechnical cooperation and assistance from member countries AATHP to tackle caseof forest fires and Indonesia will be the center of activity for the reduction ofpollution haze. Various reasons disclosed that Indonesia would also suffer losses byfacilitating the parties that will help overcome these fires and should alleviate taxesand other costs related to this cooperation. Then, the weakness of environmentalgovernance and lack of public awareness of the dangers of forest fires continued useof fire to clear land, as well as difficult to find hotspots due to lack of manpowerskilled and facilities available, a cause of difficulties to overcoming forest fires.It is recommended that the ASEAN should seek to ensure that after Indonesiaratified the AATHP Indonesia will get many advantages, so that forest fires can beovercome with the cooperation of AATHP member countries and the Indonesiangovernment should immediately made a special Act to carry out the mandate of theAATHP. In addition, Indonesia should be firm in taking legal action against theperpetrators who caused forest fires and strengthen the commitment for protectforests in Indonesia also provide socialization to the community about theimportance of protecting forests for the survival of humans and other creatures.

Banda Aceh

MUCHLISIN

Fakultas Hukum

2013

SKR

id

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