The remedy gap in transboundary haze
Building on the 2002 agreement, ASEAN has since declared the right to a clean and healthy environment and is now working on an action plan that may finally provide access to legal recourse for the region’s citizens harmed by transboundary haze pollution.
Haze pollution across borders has left residents in the region with a lingering question about legal recourse. In August 2024, residents in South Sumatra’s Ogan Komering Ilir regency and the provincial capital of Palembang sued three pulpwood companies for recurring fires on their concessions. They argued that strict liability laws should apply, regardless of the company's fault.
However, the Palembang District Court rejected their claim in July 2025, stating it lacked sufficient proof. In a twist, the court later ordered PT Bintang Harapan Palma to pay Rp 677 billion (US$38.6 million) into the state treasury, holding that liability attaches without fault. Despite the government's actions with aircraft, personnel, and cloud seeding, the focus remains on the people already suffering from the haze.
Can they find a remedy for their health issues? The Constitution and Law No. 32/2009 in Indonesia recognize the right to a healthy environment, but the courts' recent decision leaves many questioning where and to whom they can turn.
Written by urgent.news from The Jakarta Post's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
