PERTANGGUNG JAWABAN NEGARA ASAL ATAS PENCEMARAN EMISI KARBON LINTAS BATAS NEGARA MENURUT ASEAN AGREEMENT ON TRANSBOUNDARY HAZE POLLUTION (2002) (Studi Kasus Kebakaran Hutan dan Lahan di Desa Pebenaan Provinsi Riau)

Abstract

ABSTRACT

Forest and land fires are one of the environmental problems that frequently occur in Indonesia, particularly in Riau Province. These fires produce carbon emissions and haze that not only affect the environment and public health within Indonesia but also cross national borders and impact neighboring countries such as Malaysia and Singapore. This issue has become a regional concern in Southeast Asia, encouraging ASEAN member states to establish cooperation through the ASEAN Agreement on Transboundary Haze Pollution (AATHP) in 2002. This study aims to examine state responsibility for transboundary carbon emission pollution according to AATHP and to analyze the implementation of that responsibility in Pebenaan Village, Keritang District, Indragiri Hilir Regency, Riau Province.This research uses an empirical legal research method with a sociological approach. The data consist of primary data obtained through interviews with relevant parties such as local government officials, fire-fighting teams, and other related institutions, as well as secondary data obtained through literature studies including laws and regulations, books, and documents related to forest fires and environmental pollution. The collected data were analyzed qualitatively to determine the conformity between legal provisions and their implementation in practice.The results show that state responsibility for transboundary carbon emission pollution is based on principles of international law requiring each state to prevent activities within its territory from causing harm to other states. The implementation of state responsibility in Pebenaan Village has been carried out through several efforts such as fire prevention patrols, fire suppression by fire-fighting teams such as Manggala, and health services provided by the Health Office. However, these efforts still face several obstacles, so forest and land fires continue to occur.