The Responsibility Of Indonesia Towards Transboundary Haze Pollution After The AATHP Ratification

Abstract

Transboundary haze pollution in Southeast Asia has actually been occurring since 1997, yet until now, the problem of haze pollution remains an important agenda of the Association of South East Asian Nations (hereinafter ASEAN). Forest fires on Sumatra and Kalimantan Islands contribute most to haze pollution in Malaysia and Singapore. The ASEAN Agreement on Transboundary Haze Pollution (AATHP) is a form of initiative and effort from ASEAN to increase cooperation at regional and sub-regional levels in a coordinated manner in the form of ASEAN member countries agreement to resolve the problem of transboundary haze pollution. Indonesia, as one of the countries that "exports" haze to ASEAN countries, was the last country to ratify the AATHP. Using the theory of International Cooperation, State Responsibility Principles and also the Peaceful Settlement of Disputes, this paper examines firstly, to what extent Indonesia is accountable for transboundary haze pollution after the AATHP ratification; secondly, what is the legal settlement mechanism for transboundary haze pollution within ASEAN after the AATHP ratification; and thirdly, to determine the concept of responsibility and mechanisms in the future in transboundary haze pollution. The results of the study showed that after the ratification of the agreement, Indonesia could no longer be prosecuted because haze pollution had become a shared responsibility. In addition, this study also draws conclusions that shared responsibility means that Indonesia must be jointly responsible with other ASEAN countries in addressing transboundary haze pollution. In the context of resolving transboundary haze pollution disputes pursuant to Article 27 AATHP and if there is a later dispute that arises, the parties can resolve the issue through consultation and negotiation. However, if consultations and negotiations have been taken and have failed, the parties can use alternative dispute resolution using the International Arbitration Tribunal.