TANGGUNG JAWAB NEGARA TERHADAP DAMPAK PENCEMARAN LINGKUNGAN DALAM PERSPEKTIF HUKUM INTERNASIONAL ( Studi Kasus Transboundary Haze Pollution Akibat Kebakaran Hutan di Indonesia)

 |  Written by admin  | 
TitleTANGGUNG JAWAB NEGARA TERHADAP DAMPAK PENCEMARAN LINGKUNGAN DALAM PERSPEKTIF HUKUM INTERNASIONAL ( Studi Kasus Transboundary Haze Pollution Akibat Kebakaran Hutan di Indonesia)
Publication TypeThesis
Year of Publication2012
AuthorsSATRIADI, BAYU
AdvisorAryuni Yuliantiningsih, S.H., MH, Noer Indriati, S.H., MH
Academic DepartmentFakultas Hukum
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

State responsibility in International Law is improving in accordance with the
increasingly of measures that been done by the state which is created the damage
toward other state. One kinds of the responsibility of international law is the
responsibility of state toward environment, especially environment pollution. It
based on the actions or the programs that have been implemented by the state in
their territory or under the control of the state that created the damage toward the
environment without recognizing the border of states. One of the examples of
environment pollution that implemented the principal of state responsibility in
international perspective is the transboundary haze pollution caused by the forests
fires in Indonesia.
In order to know the state responsibility toward environment pollution, in this
research used the juridical normative with the statue approach and cases approach.
The result of this research have been reported in explanation that be arranged
systematically, and be analyzed in prescription that was completed with inductive
logically then finally be concluded in general conclusion.
State responsibility especially the responsibility of damaging of environment
pollution in international law were obligated in compensation and satisfaction in
Stockholm Declaration 1972, Montevideo Declaration 1981, United Nations
Convention on the Law of Sea 1982, Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and Their Disposal 1989, Rio
Declaration 1992 and The Basel Protocol on Liability and Compensation for
Damage Resulting from Transboundary Movements of Hazardous Wastes and Their
Disposal in 1999. State responsibility toward the transboundary haze plollution that
caused by the forest fires in Indonesia use the Satisfaction that based on article 13 of
The Treaty of Amity and Cooperation in South East Asia (TAC), Memorandum of
Understanding between Malaysia and Indonesia on Collaboration in Preventive
Measures to Deal with Land and Forest Fires and Haze in Riau Province, and Letter
of Intent for The Joint Development of a Master Plan and Implementation of Agreed
Activities to deal with Land and Forest Fires in Muoro Jambi Regency, Jambi.