TRANSNATIONAL CORPORATION RESPONSIBILITY CONCERNING TRANSBOUNDARY HAZE POLLUTION UNDER POLLUTER PAYS PRINCIPLE: A CASE STUDY OF SOUTHEAST ASIA

Abstract

Forest fire – which happen in Indonesia especially Sumatera and Kalimantan – leading to transboundary air pollution have occurred since the 1980s and still occur until 2015. It affect Indonesia, Malaysia, and Singapore. This pollution cannot be blamed on Indonesia alone. Malaysia and Singapore is also taking advantage of the plantation in Indonesia, and their transnational corporations taking part as fire contributor. Writer emphasize the urgency of compensation from the corporation that making pollution that happen. Thus, there is two problem arised. How is ASEAN Agreement on Transboundary Haze Pollution to address responsibility of polluter? How about the implementation of Polluter Pays Principle by Indonesia, Singapore, and Malaysia related to the addressing responsibility of transnational corporation – as the corporation that contributing in the fire? This article is a juridical-normative writing with a descriptive form. The outcomes are find out that the ASEAN Agreement does not have any dispute settlement mechanism or even to seek responsibility from perpetrator. The agreement only emphasize the coordination to mitigate the haze for ASEAN members. Thus, the responsibility is back on the domestic regulation of the state to seeking compensation from polluters. Indonesia and Singapore is actively punish the corporation that done the pollution by their own regulation. Meanwhile, Malaysia is more focused in ASEAN Agreement, and avoiding any legalistic manners to punish the corporation. This thesis found out that every decision to-punish or not-to-punish the corporation is based on the interest of every states. It is being the further task for the three states – as the producer and the victim of the pollutin itself – to find out the way to stop pollution and seeking compensation of corporation by considering the interest of each states.