TANGGUNG JAWAB (STATE RESPONSIBILITY) PEMERINTAH INDONESIA SEBAGAI KONSEKUENSI RATIFIKASI ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION TERHADAP KERUGIAN SINGAPURA

Marroha, Adriana Vericka Lambok (2018) TANGGUNG JAWAB (STATE RESPONSIBILITY) PEMERINTAH INDONESIA SEBAGAI KONSEKUENSI RATIFIKASI ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION TERHADAP KERUGIAN SINGAPURA. TANGGUNG JAWAB PEMERINTAH INDONESIA SEBAGAI KONSEKUENSI RATIFIKASI ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION TERHADAP KERUGIAN SINGAPURA.

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Abstract

Following severe land and forest fires that caused transboundary haze pollution in the Southeast Asia, ASEAN Member States finally made the ASEAN Agreement on Transboundary Haze Pollution in 2002. By September 2014, Indonesia had ratified the ASEAN Agreement on Transboundary Haze Pollution. Due to the land and forest fires that happened mostly in Indonesia, Singapore are choking under a thick haze of smog causing economic, health, and tourism losses to Singapore. When a country harmed another country, the principles of state responsibility arises. This legal research examines the implementation of state responsibilities regarding transboundary haze pollution. The purpose of this legal research is to find out the implementation of state responsibility by Indonesian government against Singapore losses as the consequence of the ratification of ASEAN Agreement on Transboundary Haze Pollution. The methods used in this legal research is normative methods, in which the legal resources are collected through literature studies, interviews, and also focused on the positive legal norms in the form of international law instruments. Based on the literatures and interview, Indonesian government has performed the state responsibility by negotiation and consultation in accordance with Article ASEAN Agreement on Transboundary Haze Pollution. According to international law, there are two types of state responsibility, including satisfaction and pecuniary reparation. Indonesia has carried out the responsibility in the form of satisfaction by sending diplomatic apologies to Singapore and ASEAN. For further regulations in order to arrange the state responsibility between Indonesia and Singapore, it is better to arranged in bilateral agreement because the transboundary haze pollution happened frequently.

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