Electronic Theses and Dissertation

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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