JUSTITIA JURNAL HUKUM
FAKULTAS HUKUM UNIVERSITAS MUHAMMADIYAH SURABAYA
AUTHORITHY OF SINGAPORE IN ARRESTING
INDONESIAN SUSPECTED OF PERPETRATING
TRANSBOUNDARY HAZE POLLUTION
Yordan Gunawan.
Gumilang Tresna Nugraha.
Demas Abdi Islamey Faculty of Law Universitas Muhammadiyah Yogyakarta Brawijaya St.
Tamantirto.
Kasihan.
Bantul.
Yogyakarta.
Indonesia, 55183, e-mail: yordangunawan@umy.
Abstract The re-occurrence of haze pollution arising from forest and land fires in Indonesia has led to frustration in Singaporean side, which in turns led the Singaporean government to stipulate a rule that contained extraterritorial jurisdiction within its provisions.
This rule became known as the Transboundary Haze Pollution Act of 2014.
Under these regulations Singapore has jurisdiction to prosecute perpetrators of forest and land fires in Indonesia.
As a form of THPA implementation, in 2016 Singapore arrested Indonesian citizens who allegedly burned down forest and land in 2015.
This study is intended to determine Singapore's competency in arresting Indonesian citizens suspected of perpetrating forest and land burning which leads to transboundary haze pollution in terms of International law.
Key Word: Transboundary Haze Pollution.
Ratification.
THPA Implementation.
Sovereignty Introduction of the El Nino, which caused prolonged Like an annual agenda.
Indonesian droughts in Indonesia, otherwise, human forest and land fire continues to occur.
factors of wildfire in Indonesia is related to has been recorded in 2018 alone that 4,666 the activity of land conversion for palm oil Hectare of plots of agricultural land have plantations and agricultural plot or for been incarcerated across few provinces in residential and real-estate development, the Indonesia, such as in: Riau.
West and activity of land conversion for such Central Borneo.
purposes are usually done by using Slash- In its most fundamental form, forest and-Burn technique.
and land fires in Indonesia are caused by The effect of forest and land fires human and natural factors.
Natural factors does not merely affects Indonesia alone, but of forest fire could be caused by the effect also the impacts of such disasters also affects other countries when the haze Sipongi, .
Data dan Grafik Luas Kebakaran Hutan, avaible at http://sipongi.
id/hotspot/luas_kebakaran , [Accessed on 24 October 2.
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caused by such activities crosses national member to ratifies said agreements, which Indonesia has been recorded to is on 16th of September 2014.
AuexportAy haze to other countries several One year before the ratification of times in the past, namely in 1997,1999.
ATTHP by Indonesia.
A massive fire 2002, 2004, 2006, 2010 and recently 2013 occurred in the forest and land in the 2 Therefore, the issue of cross- Sumatran region, especially in the Riau border haze and smoke pollution is not Province which resulted in transboundary merely national issues, but also regional haze pollution, a surprising record by The and to further extent, an international issues Pollutant Standard Index (PSI) recorded that needed to be addressed.
that the pollution index of Singapore at the Specifically, in Southeast Asia.
The time reached 401 which is very dangerous Association of Southeast Asian Nations or and was the worst record compared to 1997 more colloquially known as ASEAN, has where it only reaches a mere 226 points.
stipulated a regional agreement that agrees Meanwhile in Muar.
Johor.
Air Pollution to cooperatively address the issue of Index (ASI) reaches 746 points at the time, transboundary haze pollution issues arising this leads the respective area to issue a from the incarceration of forest and land, emergency status which leads to the known as the Agreement on Transboundary disturbance of activities in both Singapore Haze Pollution .
enceforth shall be referred and Malaysia and droves schools in both as ATTHP) which is signed in Kuala areas to be forcefully closed as a result of Lumpur on 10th of June 2002 and entered the dangerous amount of pollution.
4 At the into force starting from 25th of November time.
Indonesia promises to address said 2003, after six members of ASEAN ratifies Unfortunately.
Indonesia efforts on on said agreement.
3 Meanwhile.
Indonesia tackling issues of Transboundary Haze had which is in fact a AuexportingAy country in come to a stall, which forces the then- terms of transboundary haze, is the last incumbent president at the time.
Susilo Governance Tool.
Journal of Current Southeast Asian Affairs.
No.
3, p.
Grizelda, .
Thesis: Penerapan Yurisdiksi Ekstrateritorial dalam Singapore Transboundarry Haze Pollution Act 2014 Akibat Kabut Asap Dari Kebakaran Hutan di Indonesia.
Yogyakarta: UGM.
Nazia Nazeer dan Fumitaka Furouka, .
Overview of ASEAN Environment.
Transboundary Haze Pollution Agreement and Public Health.
IJAPS.
No.
1 Vol.
13, p.
Daniel Heilmann, .
After IndonesiaAos Ratification: The ASEAN Agreement on Transboundarry Haze Pollution and Its Effectiveness As a Regional Enviromental Volume 3.
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Bambang Yudhoyono, to issue a formal Based on the explanation, arise single apology to both Singapore and Malaysia.
question about the authority of the As a result of said incident.
Singapore Singapore Government started to explore and study the possibility Indonesian nationals who are accused of the haze-and-smoke-causing incarceration across national borders.
extraterritorial jurisdiction in its provisions, with the intent of arresting prospected individual or corporate entities suspected Research Method on arson on forest and law that causes This research was compiled using a transboundary haze pollution.
5 On February type of normative juridical research, 19th of 2014 Minister of Environment and namely research focused on studying the Water Resources of Singapore proposes application of rules or norms in positive Transboundary Haze Pollution Bill which 6 The method of data gathering of this was later passed by Singaporean parliament research is done in the method of literature on August 5th of 2014 and became study, which is a method of collecting data Transboundary Haze Pollution Act of 2014 by tracing and reviewing written materials or abbreviated as THPA .
nd henceforth .
e literature, research results, internet, shall be referred as suc.
In the 4th article of THPA, it is stated The analytical method of this that AuThis Act shall extend to and in paper is the qualitative analysis method.
relation to any conduct or thing outside aim of such method is to obtain a full Singapore which causes or contributes to understanding of the intended research any haze pollution in Singapore.
Ay.
As a form of implementing THPA, in 2016.
Singapore Environment Agency (NEA) Discussion arrested the director of an Indonesian History and Impact of Forest Fire in company suspected of being the perpetrator Indonesia of forest and land burning in 2015 when he Indonesian Forest and Land fires have was in Singapore.
been recorded to actually occurred since the Alan Khee-Jin TAN, .
Paper: The AoHazeAo Crisis in Southest ASIA : AssessingSingaporeAos Transboundarry Haze Pollution Act 2014.
National University Singapore, p.
Johnny Ibrahim, .
Teori dan Metodologi Penelitian Hukum Normatif.
Malang: Bayumedia Publishing, p.
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days of the Hindia Belanda or the crisis that Indonesia faced, forest fire Netherland East-Indies days, this could be occurred in 23 of IndonesiaAos 27 provinces.
seen in the rules and ordinances issued by And land clearing for palm oil and the Dutch Indies Government, such as the industrial plantation in that coincides with a Java and Madura Forest Ordinances of long drought during said time is thought to Provinciale be the cause of extensive forest and land Bosverordening Midden Java (Article .
fires during the time spanning of the stated (Article preparedness in facing wildfires season Based on a study conducted by Asian around May-November, and methods and Development Bank (ADB) with National techniques for using fire in the forest Development (BAPPENAS), it is estimated that 9.
Next development in the history of Indonesian Planning Agency million hectares of forest and land were lost because of incarceration and resulted in Independence, the practice of forest fires financial losses estimated to be around US began to flourish circa 1980, this coincides $ 10 Billion.
10 Moreover, in addition to with the legalization by the government for massive financial loss, 1997 Land and forest fire also resulted in transboundary plantation areas.
As a result, one of the smoke and haze pollution that covers parts largest forest fire during the 1980 decades of Malaysia.
Singapore.
Brunei and small are during circa 1982-1983 in the East parts of northern Australia.
Hence it is Borneo area which caused 2.
7 Million considered to be the worst forest and land Hectare of lost jungle area as a result of this fire in recent Indonesian history.
11 After the slash-and-burn method of land conversion.
1997-1998 forest and land fire, consistently During the period spanning from 1997 forest and land fire case has become a clearing .
and conversio.
until 1998, in the midst of multidimensional consistent yearly occurrence.
Agreement on Transboundarry Haze PollutionAy.
Yogyakarta: UMY, p.
Luca Tacconi, .
Kebakaran Hutan Di Indonesia: Penyebab.
Biaya dan Implikasi Kebijakan.
Bogor: Center for International Forestry Research, p.
Helena Varkkey, .
The Haze Problem in Southeast Asia: Palm Oil and Patronage.
New York: Routledge, p.
Fahmi Rasyid, .
Permasalahan dan Dampak Kebakaran Hutan.
Jurnal Lingkar Widyaiswara.
Edisi 1 No.
4, p.
Rahmi Deslianti, .
Motivasi Indonesia Meratifikasi Perjanjian Asap Lintas Batas AuASEAN Agreement on Transboundary Haze PollutionAy 2014.
Jom FISIP.
Vol.
2 No.
2, p.
Yordan Gunawan, .
Thesis:
AuPertanggungjawaban Indonesia Terhadap Asap Lintas Batas Negara Pasca Ratifikasi Asean Volume 3.
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It is obvious that forest fire would have flora and fauna towards extinction could serious adverse effect arising from such As for the adverse effects of Health Problems forest and land fires could be broadly Smoke and haze generated from divided into several parts, of those are: 12 incarceration of forest will certainly raises Environmental Damage quite a variety of adverse health conditions.
The most obvious adverse impact due such as, but not limited to: eye and nose irritation, worsening of asthma and lung environment, due to such activities, there is disease, pollutants from smoke from fires a year-on-year loss of Indonesia forest area that has settled to the surface could become and is set to further decrease.
based on a clean water pollutants, and a vector of ARI data released by Indonesian Ministry of (Respiratory Tract Infection I).
Environment, in 2015.
IndonesiaAos forest Financial and Economic Loss area was around 128 million hectares.
During the forest and land fire that Meanwhile, just in the span of two years, occurred in 2016, it is estimated by World Indonesia lost 34,4 Million Hectares of Bank that as a result from such occurrence, forest area, and as such, in 2017 the total Indonesia experienced a loss of US$ 16 area has decreased into 93,6 million Billion in the aftermath, this financial loss is estimated to be twice the size of the The decline in total sum area of calculated loss of 2004 Aceh Christmas Indonesian forest will have an impact on Tsunami13.
water retainment ability of the forest.
Foreign Relations Hence, the areas that were in part of or near The problem of transboundary haze to deforestation areas will be vulnerable to problem has stirred political tensions erosion, flooding and landslide.
In addition, between Indonesia and its neighboring deforestation would also further contribute countries.
Because AuimportingAy of smoke to the severity of current global warming causes countries to suffers its adverse state which will threaten the existence of a effects and losses and moreover, because variety of flora and fauna and if forest fires haze pollution is a reoccurring annual continue, the possibility of pushing these problems and the most frequent affected http://w.
org/en/news/feature/2015/12 /01/indonesias-fire-and-haze-crisis, [Accessed on 28 October 2.
Yordan Gunawan.
Thesis.
Op.
Cit.
, p.
World Bank Group, .
Indonesias Fire and Haze Crisis.
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countries of this event are Malaysia and theirs all the way to Heaven and all the way Singapore has resulted in both countries to to Hell".
In the practice of International Law, concerns of the affairs.
the right of a country to use its natural As happened in 2015, as Malaysia dan resources is stated in 21st principle of the Singapore express their concern and protest Stockholm Conference, which stated that:16 Incumbent Austates have, in accordance with the Indonesian Vice President.
Jusuf Kalla Charter of the United Nation and the issued a rather controversial statement, principles of the international law, the where he said .
"11 months of fresh air sovereign right to exploit their own from Indonesia, zero gratitude ever sent, yet 1 month of merely minor smoke, all the rages were sentAy.
Although there were no responsibility to ensure that activities official rebuttal statement in return by both within their jurisdiction or control do not cause damage to the environment of other Singaporean netizens made a satirical page States or of areas beyond the limits of national jurisdictionAy.
Also Indonesia Response on Transboundary principle, naturally besides having the right Haze Pollution Problem to utilize its natural resources arise an According to theory of territorial obligation for said state to ensure that the sovereignty, a state has the absolute right to activities that is done would not harm the exploit its own natural resources within its environment outside of its jurisdiction or defined territory, or this is what s this is what is also known as the good commonly known as the concept of Cujus neighborliness priciples or sic utere tuo, ut est solum, ejus est usque ad coelum, which alienum non laedas which is also found on translates to AuWhoever's is the soil, it is CNN Indonesia, .
Protes Asap Indonesia.
Singapura Buat Status Sindiran, avaible at https://w.
com/teknologi/20151002 133218-185-82342/protes-asap-indonesiasingapura-buat-situs-sindiran, [Accessed on 25 November 2.
Ifa Latifah Fitriani, .
TransboundaInrry Haze Pollution Act 2014 dan Problematika Kebakaran Hutan Di Indonesia.
Jurnal Al-Mazahib.
Vol.
2 No.
2, p.
Asdar, .
Transboundary Haze Pollution di Malaysia dan Singapura Akibat Kebakaran Hutan di Provinsi Riau ditinjau dari Hukum Lingkungan Internasional.
Jurnal Legal Opinion.
Vol.
3 No.
1, p.
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2nd Principles in Rio Conference and Based on 1st article of Article on Article 74 of UN Charter.
Responsibility In the practice of statehood and in International Wrongful Acts, it is declared environmental multilateral agreements, that Auevery internationally wrongful acts of the principle of good neighborliness is manifested in the form of rule of responsibility of the StateAy.
international customary law, which States The States Declaration of a wrongful act is if it is are:17 included in the category of action or a state has a duty to prevent, reduce, and inaction .
that can be attributed to control transboundary pollution and the state based on the practice of environmental harm resulting from international law.
20 As of actions that is activities within their jurisdiction or attributable to the state, according to the Article on the Responsibility of the States States also have a duty to cooperate in are as follows: 21 .
actions of state mitigating transboundary environmental organizations, be it in the realm of the executive, judicial, and legislative.
notification, consultation, negotiation, actions of individuals or entities that and in appropriate cases, environmental exercise state authority.
responsibility or impact assesment.
ultra vires actions.
responsibility of Hence, with the emergence of cross- individuals that is controlled or directed by border smoke pollution from forest and the state.
Actions of successful rebel land fires.
Indonesia could be subjected with such responsibilities.
The emergence governments, or rebel groups taking state of state responsibility will arise if a country authorities cannot implement such actions.
originating from international agreements and .
actions of other states that occurs if and/or international customs or failure to said country provides assistance, control or implement a binding court decision.
forces a country against another country to Patricia Birnie, et al, .
International Law & The Environment, 3rd Edition.
New York: Oxford University Press, p.
Ibid Martin Dixon, .
International Law, 7th Edition.
United Kingdom: Oxford University Press.
Abdul Ghafur Hamid@Khin Maung Sein, .
Public International Law, 3rd Edition.
Selangor:
Sweet & Maxwell Asia, p.
Ibid, p.
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preventing individuals from the destruction international law.
upon foreign property or attack toward Based on the explanation of the types foreign nationals.
Due dilligence is the of actions that can be attributed to state fulfillment of certain standards based on actions as described above, the actions of reasoning and customary in an effort to corporations that carried out forest and land fulfill international legal obligations.
incarceration are not included in the types Denial of Justice of actions that are attributable to state Responsibility of the states arise in actions, hence, by such thought, it is case of state failure to punish individuals Indonesian who are responsible upon losses suffered by foreign nationals or failure to provide the transboundary haze pollution.
Moreover, opportunity to said parties to refund losses Indonesia is also trying to overcome the suffered in the local court.
Denial of Justice problems of land and forest fires with the could be a relevant reason with Indonesian operation of firefighting, in form of land and air based firefighting, law enforcement, stateAos Legal Indonesian law to profits of few corrupt doesnAot arise only from acts attributable to the state .
, but could also arise existence of collusion or the ineptitude of from the act of omission.
Two categories of government officials to uphold law and omission by the state that results in stateAos responsibility are:
effectivity and ineptitude of Indonesian and empowerment of community.
Although, justice properly.
As an example, in the case of forest State failure to perform the act of Audue and land fires that occrued in 2015 in Riau dilligenceAy Province 15 companies were named as According to International Law, the suspects in forest and land incarceration.
Responsibility of the states arise in case of Alas, the legal process has come to a stall, failure to perform Audue diligenceAy of Kompas.
com, .
BNPB Siapkan Helikopter AuWater BombingAy di Tiga Daerah Siaga Karhutla, https://nasional.
com/read/2017/06/22/1453 0761/bnpb.
karhutla, [Accessed on 20 December Abdul Ghafur Hamid@Khin Maung Sein.
Op.
Cit.
, p.
Cristanugra Philip, .
Tanggung Jawab Negara Terhadap Perlindungan Hak Asasi Manusia Menurut Hukum Internasional.
Lex Administratum.
Vol.
IV No.
2, p.
Alan Khee-Jin Tan.
Op.
Cit.
, p.
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because of the issuance of the Termination which in fact is the country most often a of Case Investigation (SP.
order by the victim of smoke.
Nevertheless.
Indonesia Riau Regional Police with the argument of has officially apologized to the two the lack of evidence that said companies did countries in 2013.
the act of arson.
Effectiveness of the ASEAN Agreement on Referring to the case that has been Transboundary Haze Pollution stated above.
Indonesia could be imposed ATHP is a Southeast Asian regional with the Responsibility of the states, where such responsibility arises from the omission Pacta sunt Servanda, such as:
to stop the action and provide guarantees border smoke pollution prevention through most important issue is that state is exchange and mutual assistance.
provide reparation upon the loss or damage as a result of state wrongdoings.
The three types potential affected countries by smoke of reparation contained on Article on pollution to minimize adversity .
Responsibilities of The States that is Compensation, collaborating in the prevention of cross- that such action will not be repeated.
The Restitution.
AATHP in accordance with the riciples of wrongful acts, the country is then obligated bound to carry out obligations contained in of The States, in case of a state carries a ratifies AATHP in 2014 and was thereby As based on Article on Responsibility transboundary smoke problems.
Indonesia in form of denial of justice by Indonesia.
make legislative and administrative efforts to carry out these obligations.
In addition.
Satisfaction.
by ratifying AATHP Indonesia also has Although Indonesia can be burdened gained some advantages, namely: 27 .
the with state responsibility for transboundary smoke pollution that has occurred, so far management became the responsibility of there have been no official demands Indonesian and other ASEAN member submitted to Indonesia for reparation for losses suffered by Singapore or Malaysia.
Kompas.
com, .
SP3 Perusahaan Tersangka Pembakar Hutan Dinilai Penuh Kejanggalan, avaible at https://nasional.
com/read/2016/10/03/1944 4031/sp3.
ASEAN
kejanggalan, [Accessed on 20 December 2.
Yordan Gunawan, .
Transboundary Haze Pollution In the Perspective of International Law of State Responsibility.
Jurnal Media Hukum.
Volume 21, p.
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countries will help in conditions if no provisions regarding "appropriate" so Indonesia is incapable of overcoming the that each participating country can interpret problem of haze.
Because cross-border Furthermore, in terms of delegations responsibility.
Indonesia will be free from or 3rd parties who are given the authorithy to implement rules or resolve disputes, countries that are affected by cross-border AATHP mandates the establishment of the ASEAN center, but until 2018 the ASEAN However.
AATHP is an agreement in center is still in the formation stage.
29 In the form of soft law, making it very difficult addition, the effectiveness of AATHP can to hold the commitment of participating also be viewed based on the indicators put countries to obey the agreement.
forward by Arild Underdal, with the following conditions: 30 agreements can affect the effectiveness of Output the agreement itself.
According to Kenneth Output is at the level of regulation Abbot, the effectiveness of the agreement is determined by legalization agreement are determined by the parties consisting of three elements, namely bonds, to overcome certain disputes.
In this precision and delegation.
indicator there is no indication that In terms of obigation, it is very clear AATHP is ineffective, because the that AATHP contains obligations and establishment of AATHP is based on emphasizes implementation with the use of overcoming the haze problem that the word " shall ", but AATHP does not occurs in the SEA Region by means of contain sanctions for those who violate.
joint handling by ASEAN member terms of precision or degree of ambiguity of words.
AATHP contains ambiguous words, for example in article 7 states " Each Party shall take appropriate measure .
" there are Sidiq Ahmadi, .
Prinsip Non-Interference ASEAN dan Problem Efektifitas ASEAN Agreement on Transboundary Haze Pollution.
Jurnal Hubungan Internasional.
Vol.
1 No.
2, p.
Liputan6.
com, .
ASEAN apresiasi Indonesia dalam Mengatasi Kabakaran Hutan, https://w.
com/health/read/3549775/ase an-apresiasi-indonesia-dalam-mengatasikebakaran-hutan, [Accessed on 27 December 2.
Sicilya Mardian YoAoel, .
Efektifitas ASEAN Agreement on Transboundary Haze Pollution dalam Penanggulangan Pencemaran Asap Lintas Batas di ASEAN.
Arena Hukum.
Vol.
9 No.
3, p.
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Outcome even though they are related to crossborder smoke pollution prevention.
Outcome are changes in behavior of participating countries after the Application of Extraterritorial Jurisdiction agreement is made.
Especially for in THPA and Violations against Indonesian Indonesia despite ratifying the AATHP Sovereignty land and fire incarceration still occurs.
In International Law there is no Whereas in AATHP it contains "zero prohibition for a country to form a rule that extends its jurisdiction, to people or objects implemented by Indonesia.
outside its territory.
Although in practice it Impact Impact will be hindered by its implementation.
32 It is acceptable for a country to form rules that environmental changes on the parties contains extraterritorial jurisdiction, and In context of Indonesia, despite this practice has been in use in several ratifying AATHP in 2014, it did not countries with Indonesia being one of such.
prevent cross-border smoke pollution Also.
Indonesia, containing extraterritorial jurisdiction are conditions due to forest and land fires contained in Article 2 of Law Number 11 that occurred in 2015 were worse than Year 2008 concerning Information and the forest and land fires that occurred in Electronic Transactions (ITE) as amended by Law Number 19 of 2016.
Therefore, the In addition to the theory from existence of extraterritorial jurisdiction in Kenneth W.
Abbot and the indicators put THPA is not a form of violation of forward by Arild Underdal, there is one sovereignty upon other countries.
more factor that has resulted in AATHP As an implementation of THPA, the being ineffective, which is the existence Singapore Government investigated four of the non-interference principle adopted companies suspected of carrying out forest by ASEAN .
Based on this principle, fires, namely: PT Rimba Hutani Mas.
PT other ASEAN member countries cannot Sebangun Andalas Earth Wood Industries, interfere in Indonesian domestic affairs PT Bumi Sriwijaya Sentosa, and PT CNN Indonesia, .
Pemerintah: Kebakaran Hutan Tahun Ini Lebih Parah dari 1997, avaible at https://w.
com/nasional/20151021 155255-20-86387/pemerintah-kebakaran-hutan-- ini-lebih-parah-dari-1997, [Accessed on 27 December 2.
Abdul Ghafur Hamid@Khin Maung Sein.
Op.
Cit.
, p.
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case was of FranceAos authority, as a flagged ship country.
In the end the case was containing questions about the forest fire brought to the Permanent Court of Justice that was done without coordination with (PCIJ).
The PCIJ justifies Turkish actions Indonesia.
on the basis of not contradicting the Wachyuni Mandira33 In the aftermath.
Singapore arrested Indonesian citizens who were the director International Law international agreements.
of one of the companies that allegedly set PCIJ decisions raised some inquiries fire to the forest, when the suspect was on as the ruling showed that there was no limit vacation in Singapore, and prevented the to the jurisdiction of a country as long as it director from making a notice to the did not conflict with international customs Republic of Indonesia Grand Embassy.
or international agreements.
35 As such, the Singapore's unilateral actions decision was implicitly canceled by Article applying its national law to individual acts 11 of 1958 Sea Convention or Article 97 of that occur outside the jurisdictions of their the 1982 Sea Convention.
country have a similarity to the Lotus In Context of Singaporean THPA act collier case of 1926.
Lotus Case was a case there are differences with the Lotus Case, of a ship collision between the SS Lotus which is in form of the place of crime and (Franc.
steamer with Turkey's SS Boz the existing law.
The affairs of Lotus Case Kourt collier in international waters on was occurred in the realm of international August 2, 1926 which killed eight SS Boz waters which were not in the sovereignty of Kourt crew and resulted in M Demons, the any country and at the time there were no Lotus Ship Captain being tried in Turkey.
laws governing collisions of ships in France protested the Turkish action, by assumption that Turkey had no Singapore jurisdiction to do the trial and France also crimes in Indonesian territory which assumed that the authority fot trial of the Indonesian law should apply in this case.
investigasi-4-perusahaan-diduga-pembakarhutan/full&view=ok, [Accessed on 27 December Hugh Handeyside, .
The Lotus Principle in ICJ jurisprudence.
Was The Ship Ever Afloat?.
Michigan Journal of International Law.
Vol.
29, p.
Beritagar.
id, .
Singapura Perintahkan Tangkap Petinggi Perusahaan Indonesia, avaible at https://beritagar.
id/artikel/berita/singapuraperintahkan-tangkap-petinggi-perusahaanindonesia, [Accessed on 27 December 2.
Tempo.
co, .
Singapura Investigasi 4 Perusahaan Diduga Pembakar Hutan, avaible at https://nasional.
co/read/798186/singapura- Volume 3.
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As stated by Hikmahanto Juwana was Singapore carried out by means of negotiation, arrogantly and clearly did encroaching Diplomatic mediation, inquiry and conciliation.
Indonesian sovereignty.
36 Even though Within ASEAN, peaceful dispute international law view the respect to state settlement between member countries are sovereignty with utmost importance, where regulated in Article 13-17 in the Treaty of it is also further confirmed and enforced in Amity and Cooperation in Southeast Asia the Act of State Doctirine that states:37 (TAC).
Article 15 TAC states:
AuEvery sovereign State is bound to through direct negotiation, the High sovereign State and the courts of one Council shall take cognizance of the country will not sit in judgement on the acts dispute or the situation and shall of government of another done within its recommend to the parties in dispute own territoryAy appropriate means of settlement such In addition.
AuIn the event no solution is reached viewed within the as good office, mediation, inquiry or perspective of ASEAN regulations, the The high council may Singaporean act violates Article 2 par .
of however offer his good office or upon the ASEAN Charter which states that Auall agreement of the parties in dispute.
ASEAN members must act on the principle constitute itself into a committee of mediation, inquiry or conciliation.
sovereignty, equality, territorial integrity When deemed necessary, the High and national identity of all ASEAN Council shall recommend appropriate members ".
deterioration of the dispute or the Settlement Transboundary situationAy.
Haze Pollution Disputes Based on the article, disputes between International dispute settlement can ASEAN member countries that failed to be be achieved through means of diplomatic resolved through negotiations, mediation, good office, inquiry or conciliation will be Agroindonesia, .
Singapura Permalukan Indonesia, http://agroindonesia.
id/2016/06/singapurapermalukan-indonesia/, [Accessed on 24 October Sigit Riyanto, .
Kedaulatan Negara Dalam Kerangka Hukum Internasional Kontemporer.
Yustisia.
Vol.
1 No.
3, p.
Volume 3.
No.
2 Oktober 2019 ISSN Cetak: 2579-9983,E-ISSN: 2579-6380 Halaman.
JUSTITIA JURNAL HUKUM
FAKULTAS HUKUM UNIVERSITAS MUHAMMADIYAH SURABAYA
Council.
state of her territory and population, has Nonetheless, the provisions of Article 17 of rights to make a rejection of the singapore TAC allowed the settlement process of enforcement of THPA
High
ASEAN
countries to be carried out outside scope of REFERENCE