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

BACA FULL TEXT ABSTRAK Permintaan Versi cetak
Pengarang MUCHLISIN - Personal Name
SubjectPOLLUTION-LAW
Bahasa Indonesia
Fakultas Fakultas Hukum
Tahun Terbit 2013

Abstrak/Catatan

Forest fires occur almost every year in the ASEAN region, especially in Indonesia. ASEAN Agreement on Trans-boundary Haze Pollution (AATHP), signed in Kuala Lumpur Malaysia in June 2002, was formed to handle trans-boundary haze pollution which caused by forest fire. This agreement has been ratified by nine ASEAN countries, but Indonesia is the only country that has not ratified it. This study aims to examine the rights and obligations of the AATHP member states in overcoming forest fire and to comprehend advantages and disadvantages for Indonesia if Indonesia ratifies the AATHP as well as to comprehend the obstacles faced by Indonesia in overcoming forest fire. The method of research that used is a library research. Library research is applied to get secondary data, through reading, citing and analyzing data that are related to object of research. The research shows that AATHP requires ASEAN countries to work together to prevent and resolve trans-boundary haze pollution from forest fires, for example working 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 their disposal, but shall ensure that such activities do not damage the environment and health of people of other countries. Various advantages will be obtained after ratifying AATHP, especially for Indonesia of which will receive funding and technical cooperation and assistance from member countries AATHP to tackle case of forest fires and Indonesia will be the center of activity for the reduction of pollution haze. Various reasons disclosed that Indonesia would also suffer losses by facilitating the parties that will help overcome these fires and should alleviate taxes and other costs related to this cooperation. Then, the weakness of environmental governance and lack of public awareness of the dangers of forest fires continued use of fire to clear land, as well as difficult to find hotspots due to lack of manpower skilled and facilities available, a cause of difficulties to overcoming forest fires. It is recommended that the ASEAN should seek to ensure that after Indonesia ratified the AATHP Indonesia will get many advantages, so that forest fires can be overcome with the cooperation of AATHP member countries and the Indonesian government should immediately made a special Act to carry out the mandate of the AATHP. In addition, Indonesia should be firm in taking legal action against the perpetrators who caused forest fires and strengthen the commitment for protect forests in Indonesia also provide socialization to the community about the importance of protecting forests for the survival of humans and other creatures.

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