scholarly journals Upaya Pembentukan Mekanisme Pertanggungjawaban Lingkungan Transnasional Terhadap Polusi Kabut Asap di Asia Tenggara Tahun 2015

2020 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Muhammad Iqbal Yunazwardi
Keyword(s):  
Southeast Asia ◽  
Environmental Responsibility ◽  
Constitutional Rights ◽  
Moral Principles ◽  
Moral Space ◽  
Analytical Foundation ◽  
Haze Pollution ◽  
Accountability Mechanism ◽  
State Actors ◽  
Harm Prevention

Tulisan ini membahas mengenai pentingnya menciptakan gagasan komunikatif dalam menyelesaikan permasalahan kebakaran hutan dan lahan (karhutla) dan kabut asap lintas negara yang terjadi di Asia Tenggara, terutama pasca terjadinya peristiwa tersebut di tahun 2015. Dampak buruk atas kabut asap yang terjadi Asia Tenggara telah membuat banyak kerugian bagi aktor negara dan non negara. Oleh karena itu, gagasan komunikatif penting sebagai dasar pembangunan mekanisme ideal pertanggungjawaban lingkungan transnasional yang mampu mewadahi seluruh kepentingan aktor terdampak atas kabut asap yang terjadi. Gagasan komunikatif diciptakan dengan cara menentukan bagaimana pembentukan berbagai prinsip moral sebagai landasan analitik untuk melihat pentingnya dasar pembentukan mekanisme pertanggungjawaban lingkungan yang ideal. Prinsip moral tersebut antara lain; (1) pencegahan bahaya, (2) inklusifitas, dan (3) keadilan prosedural. Dengan mengidentifikasi prinsip tersebut, aktor negara dan non-negara diharapkan mampu merepresentasikan ruang moral yang menginformasikan gagasan komunikatif pertanggungjawaban lingkungan transnasional. Tujuan normatif yang dihasilkan dari pertanggungjawaban lingkungan transnasional adalah kewajiban berbasis hak, mengikat norma-norma lingkungan dengan hak konstitusional atau hukum HAM berbasis negara. Kata Kunci: pertanggungjawaban lingkungan transnasional, prinsip moral, kabut asap  This paper discusses the importance of creating "a communicative notion" in solving the problem of forest and land fires (karhutla) and cross-country haze that occurred in Southeast Asia, especially after the occurrence of events in 2015. The adverse impact of haze that occurred in Southeast Asia has brought many losses for state and non-state actors. Therefore, the communicative notion is important as the basis for building an ideal mechanism for transnational environmental responsibility that is able to accommodate all the interests of the affected actors for the haze that occurs. The communicative notion is created by determining how the formation of various moral principles as an analytical foundation to see the importance of the basis for the establishment of an ideal environmental accountability mechanism. These moral principles include; (1) harm prevention, (2) inclusiveness, and (3) impartialty. By identifying these principles, state and non-state actors are expected to be able to represent the moral space agreed upon by communicative transnational environmental responsibility. Normative objectives resulting from transnational environmental responsibility are rights based on rights, binding environmental norms with constitutional rights or human rights law based on the state. Keywords: Transnational environmental obligations, moral principles, haze pollution

ASEAN Aggrement on Transboundary Haze Pollution. Effective ?

2021 ◽  
Vol 14 (1) ◽  
pp. 175
Author(s):  
Ligar Yogaswara ◽  
Ligar Yogaswara
Keyword(s):  
Developing Countries ◽  
Southeast Asia ◽  
Environmental Problems ◽  
Asean Member ◽  
Haze Pollution ◽  
Asean Countries

This paper analyzes how ASEAN can deal with the haze problem caused by its member countries and then cross their borders so that it becomes a common focus in ASEAN countries. Then ASEAN made an agreement for its member countries with the aim of overcoming the haze problem which was referred to in the ASEAN Agreement on Transboundary Haze Pollution. Based on the question of the effectiveness of the agreement, the authors assume that the agreement is considered ineffective in solving the haze problem in the Southeast Asia Region. The reason for this is considered to be due to a set of norms adopted by ASEAN member countries in the ASEAN Way. These norms then make member countries solve problems by adhering to the principles of the ASEAN Way including non-intervention, consensus and so on. Responding to problems in developing countries in ASEAN which tend to prioritize their economy, making environmental problems such as smog tend to be sidelined. Therefore, this paper will explain more about the effectiveness of the ASEAN Agreement on Transboundary Haze Pollution in particular to address the haze problem in ASEAN member countries based on the ASEAN way.

Judging in the Buddha’s Court: A Buddhist Judicial System in Contemporary Asia

2020 ◽  
pp. 1-22
Author(s):  
Benjamin SCHONTHAL
Keyword(s):  
Sri Lanka ◽  
Southeast Asia ◽  
Judicial System ◽  
Ethnographic Research ◽  
Moral Principles ◽  
Contemporary World ◽  
Judicial Practice ◽  
South And Southeast Asia ◽  
Judicial Systems

Abstract Drawing on textual and ethnographic research conducted over the last five years, this article analyses an important genre of judicial practice in South and Southeast Asia that has been almost entirely ignored by socio-legal scholars: Buddhist systems of judging. Using the judicial system of one monastic group in contemporary Sri Lanka as a case-study, it argues that Buddhist judging requires more than just the internalization of moral principles, as is often assumed. According to Buddhist (monastic) principles of judging, legal procedures—similar to those used in state legal settings—are equally essential. These procedures govern everything from making legal complaints, to the structuring of trials, to determining jurisdiction, and many other topics. By examining Buddhist judicial systems, this article not only casts new light on the pluri-legal landscape of Asia; it also offers new reflections on the intersection of religion-based and state-based systems of law in the contemporary world.

scholarly journals Addressing Transboundary Haze Through Asean: Singapore’s Normative Constraints

2020 ◽  
Author(s):  
Helena Muhamad Varkkey
Keyword(s):  
Southeast Asia ◽  
Regional Level ◽  
Environmental Crisis ◽  
Regional Approach ◽  
Haze Pollution ◽  
Normative Constraints ◽  
Peat Fires

Since 1982, Southeast Asia has experienced almost annual ‘haze’ pollution, caused by smoke from grass, forest and peat fires mostly in Indonesia. The haze affects the health of some 75 million people and the economies of six ASEAN nations. It is the region’s first transboundary environmental crisis that ASEAN is attempting to address collectively. ASEAN level interaction is often guided by the ASEAN Way, and a common debate is whether these norms constrain states from interacting effectively at the regional level. This paper will address this debate using interviews and material compiled during fieldwork in Singapore. While Singapore was one of the first countries to propose a common regional approach to the haze, this paper will illustrate how Singapore has in fact been constrained by the ASEAN Way while engaging with Indonesia and ASEAN. This is reflected in terms of its behavior at the ASEAN forum, statements made, and actions taken. As a result, Singapore has often resorted to other means of engagement, like bilateral and track-two engagement. As Singapore is one of the major ‘victims’ in this equation, this paper serves as important piece of the broader puzzle of why haze management in ASEAN has been less than effective.  

scholarly journals Towards extra-jurisdictional environmental management in combating transnational environmental crimes in Malaysia from a legal aspect

2018 ◽  
Vol 7 (2.10) ◽  
pp. 26
Author(s):  
Hanim Kamaruddin ◽  
Muhamad Azham Marwan
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Legal Aspect ◽  
Environmental Crime ◽  
Management Tool ◽  
Haze Pollution ◽  
Illegal Activities ◽  
National Boundaries ◽  
Ozone Depleting Substances ◽  
Environmental Crimes

Environmental deterioration in Southeast Asia region can be attributed to illegal logging and timber smuggling which contributes to deforestation, wildlife smuggling, black-market transactions in ozone-depleting substances and dumping of other forms of hazardous wastes and chemical, illegal open burning incidents that can lead to air pollution contributing to transnational impacts. Controlling activities that are taking place within one State resulting to environmental impacts in another State is not uncommon in environmental issues and thus, such activities are construed as environmental crimes at times. Hence, any illegal activities within another jurisdiction must be addressed efficiently as the conduct of such activities are becoming increasingly sophisticated and complex partly due to the nature of transnational activities that operate beyond national boundaries. This article will discuss transnational environmental crime in Malaysia and Southeast Asia region and assess the application of adopting extra-jurisdictional approach to combat transnational environmental crime by drawing the example from Singapore’s experience of passing the Transboundary Haze Pollution Act 2014 to tackle challenges of haze pollution that are caused by activities in another State. The finding of this article suggests that extra-jurisdictional legislation is a common management tool in international law based on the international principle of territorial sovereign applies to conduct of a State within its territory. There seemed to be an exception that stems from a principle known as ‘objective territoriality principle’ under international law that allows another State to make claims against another State that commits environmental crime resulting to transnational impacts. The efficiency of extra-jurisdictional approach will be analysed based on Malaysia’s experiences in tackling transnational environmental crimes by reviewing domestic policies, local legislations and relevant international agreements to ensure that environmental protection is sustained. 

Recent publications on Indonesian manuscripts

2020 ◽  
Vol 51 (1-2) ◽  
pp. 271-283
Author(s):  
Andrea Acri
Keyword(s):  
Southeast Asia ◽  
Nation State ◽  
Time And Space ◽  
Small Circle ◽  
State Actors

The fascinating yet still underexplored world of manuscripts hailing from Southeast Asia, including the nation-state of Indonesia, has received some impetus in recent years, thanks to the new appreciation for this written heritage by state and non-state actors both within and without the country. Traditionally perceived as a dry (and hardly scientific or ‘intellectual’) subject that was the preserve of a small circle of specialist librarians, codicology (and Asian codicology in particular) has become a vibrant discipline, with several teams of scholars and projects worldwide focusing on manuscripts as objects, as well as on ‘manuscript cultures’. These projects and approaches duly recognise the role of manuscripts (and not only texts) as prime carriers of cultural and civilisational values across time and space, as well as their relevance for the culture and identity of contemporary societies. This essay reviews some recent publications on Indonesian manuscripts catering to researchers as well as the wider public.

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