About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2 Int'l J. Jurid. L. 1 (2023)

handle is hein.journals/intljlojdl2 and id is 1 raw text is: International Journal of Judicial Law International Journal of Judicial Law Environmental criminal action on forest and land burning in Pontianak City Deny Postgraduate Program Doctor of Laws Universitas 17 Agustus 1945 Semarang, Indonesia * Corresponding Author: Deny Article Info ISSN (online): 2583-6536 Volume: 02 Issue: 01 January-February 2023 Received: 02-01-2023; Accepted: 19-01-2023 Page No: 01-03 Abstract The crime of the forest and land was burning that occurred in Indonesia, especially in the city of Pontianak is an environmental crime that is very worrying and requires firm action from the government. Criminal sanctions against perpetrators of a forest and land fires are regulated in the Criminal Code, Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 39 of 2014 concerning Plantations and regulation of the Minister of the Environment Number 10 of 2010 concerning Pollution Prevention Mechanisms and/or the environmental Damage Related to the forest and/or Land Fires. There is a contradiction between article 187 of the Criminal Code and Article 56 paragraph (1) of the Plantation Law which clearly prohibits forest burning and article 69 paragraph (2) of the Law on Environmental Protection and Management. The purpose of this paper is to discuss environmental crimes by burning a forest and land, to examine the problem of conflict norms in the crime of the forest and land burning using normative research methods through a statutory approach, so as to find a solution to the conflict of norms. DOI: hjtps/d Keywords: sanctions, burning, a forest, land, Pontianak Introduction Indonesia today, especially the city of Pontianak, is facing very worrying environmental problems and the number of environmental crimes that occur has resulted in increasingly worrying environmental conditions. Pontianak is one of the cities with an increasingly worrying problem of land fires. Forests are one of the natural resources and are a buffer for the community, therefore forest sustainability must be maintained and maintained optimally [1]. Land fires can occur if there is heat, air, and fuel, climatic factors only partially occur if there is no cause and effect of an environmental crime that is common in Indonesia, especially in Pontianak [E]. The land can be in the form of a peat swamp which is very prone to fire, the method of burning is cheaper and the results obtained are quite satisfactory compared to the method of land clearing which is regulated by law. As a result, the arsonists, both individuals, and groups, prefer to burn the land as a prelude to further seeding. Farming communities wherein clearing land for agriculture always burn because it has become a hereditary habit, because when land that can no longer be productive, it makes it easier to cultivate crops and farming communities assume that when land that cannot be productive is burned the land will be fertile. Knowledge of rural communities in forest management for agriculture is heavily influenced by cultural elements and religious values that guide the community in managing forests. Many rural communities do not know the rules of national law, so clearing forests and land for agriculture will be in conflict with the laws and customs of the local community [3]. Land fires are still burning every year in Indonesia, especially in Pontianak due to a lack of public awareness and concern so 1. Marwan Efendy, 2004, Aspek Pidana Penyalahgunaan Sumber Daya Kehutanan Terkait Dengan Otonomi Daerah , Disampaikan Dalam Seminar Keberadaan Sumber Daya Hutan Berdasarkan UU No.32 Tahun 2004, Jakarta, 7 Desember 2004 2. Qadriyatun SN. 2014. Kajian Singkat Terhadap Isu-isu Terkini Kebijakan Penaganan Kebakaran Hutan dan Lahan. Info Singkat Kesejahteraan Sosial 6(6):9-12 3. Suryanto, Unna Chokkalingan dan Prianto Wibowo, 2004, Kebakaran di Lahan Rawa/Gambut di Sumatera Masalah dan Solusi , Center for Internasional Forestry Research, Jakarta, hlm 3 1|P a g e