Understanding Indonesia's Responsibility for Causing Transfrontier Pollution from Fire Smoke When Viewed from an International Law Perspective

Abstract

Transfrontier pollution due to forest and land fires in Indonesia not only has a negative impact on domestic areas, but also extends to neighboring countries such as Malaysia and Singapore. Massive deforestation, reaching around 72% of the total original forest area and continuing at a rate of 1.8 million hectares per year, has made Indonesia one of the main contributors to global carbon emissions. The problem of forest fires has become an urgent national issue, demanding serious attention from the government and strong cooperation at the ASEAN regional level. This research analyzes in depth the international legal responsibilities of states, especially Indonesia, in preventing transnational pollution due to forest fires. By using a normative juridical approach and referring to various legal sources, this research aims to examine the extent to which Indonesia has fulfilled its obligations in the context of international law. ASEAN has launched several initiatives to overcome the problem of transnational haze, one of which is the ASEAN Agreement on Transboundary Haze Pollution (AATHP). Through the ratification of this agreement, Indonesia is committed to working with ASEAN member countries in efforts to control forest fires. Even though various mitigation efforts have been carried out, such as aerial bombing and weather modification technology, as well as cross-sector coordination, law enforcement regarding environmental pollution in Indonesia still needs to be improved. Consistent implementation of national legal provisions, such as Law Number 32 of 2009 concerning Environmental Protection and Management, as well as international legal norms is the key to effectively dealing with transnational pollution.