Tindak Pidana Pembakaran Hutan dan Lahan oleh Korporasi untuk Membuka Usaha Perkebunan

Abstract

Hasdevi H.  2021. The crime of forest and land burning conducted by corporations to start a plantation business. In: Herlinda S et al. (Eds.), Prosiding Seminar Nasional Lahan Suboptimal ke-9 Tahun 2021, Palembang. 20 Oktober 2021. pp. 628-639. Palembang: Penerbit & Percetakan Universitas Sriwijaya (UNSRI).

Corporations starting new arable land by burning forests is the easiest and cheapest way to do. If there occurs a forest fire as the result of plantation clearing, it can  cause environmental damage, disruption of public health, educational activities, economy, and transportation. The purpose of this study was to find out the effects of the prevailing laws and regulations on forest burning behavior conducted by corporations in opening new arable land. The method used in this study was normative juridical, descriptive analytical, using the Legislation approach. To live and have a good and healthy living environment is the right of the community, as stated in the Article 28 h paragraph (1) of the 1945 Constitution of the Republic of Indonesia. In addition, the perpetrators of the crime of forest burning are regulated in: the Law Number 41 of 1999 in conjunction with the Law Number 19 of 2004 concerning forestry, The Law Number 32 of 2009 concerning Environmental Protection and Management, The Law No. 39 of 2014 concerning Plantations, The Criminal Code and Supreme Court Regulation Number 13 of 2016, apparently have not been able to provide a deterrent effect for perpetrators of corporate crimes to burn forests and land. In addition, the application of selective slashing law still often occurs in the Indonesian legal community. The perpetrators of corporate crimes repeatedly burning forests should be carried out through a criminal law approach, civil law in the form of compensation in totality and administrative law in the form of revocation of business licenses. The application of the law that is not selective should be a guide in enforcing the laws and regulations.