Efektivitas ASEAN Agreement on Transboundary Haze Pollution dalam Mengatasi Kabut Asap Lintas Batas: Hambatan Prinsip Non-Interference ASEAN

Abstract

Transboundary haze pollution has been a recurring environmental crisis in Southeast Asia since 1997. The ASEAN Agreement on Transboundary Haze Pollution (ATHP), adopted in 2002 and entered into force in 2003, is the first legally binding environmental agreement ever produced by ASEAN. However, more than two decades after its adoption, transboundary haze continues to occur almost every year, including during the 2015–2019 and 2020–2024 periods, without being accompanied by adequate enforcement mechanisms. This study aims to evaluate the effectiveness of ATHP using Krasner's (1982) international regime theory, which assesses a regime's success based on its capacity to establish four elements, namely principles, norms, rules, and decision-making procedures, and to identify the non-interference principle as the main structural obstacle to its implementation. This study employs a qualitative-descriptive approach through a literature study of policy documents, international treaty texts, and academic literature related to ASEAN and ATHP. The findings show that ATHP formally satisfies the criteria of an international regime but fails to function effectively because the non-interference principle, as a concrete manifestation of the "ASEAN Way," structurally prevents the establishment of binding sanction mechanisms, firm legal obligations, and third-party involvement in dispute settlement. These findings confirm that the shortcomings of ATHP are rooted not merely in technical-legal weaknesses, but in the loose, consensus-based character of ASEAN regionalism itself. This study recommends reforming ASEAN's foundational norms as a prerequisite for improving regional environmental governance in Southeast Asia going forward.