Forest Fires and Law Enforcement: The Capture of Indonesian Contemporary Condition

Abstract

A good and healthy living environment is not only a right, but therein must also have the responsibility to protect and protect as well as manage or preserve it so that it is getting better and healthier every day. One of the environment that must be protected is the forest. Forest is an invaluable natural resource because it contains biodiversity such as timber and non-timber forest products, water management, flood and erosion prevention as well as soil fertility, protection of biological nature for the benefit of science, culture, recreation, tourism and so on. However, recently forests in Indonesia have been degraded in the form of forest fires. The negative impacts caused by forest fires are quite large, including ecological damage, decreased biodiversity, decreased economic value of forests and land productivity, micro and global climate change, and their smoke affects public health and disrupts transportation, including land, rivers, lakes, sea and air. The government has also issued several regulations related to forest destruction. Among others, Law No. 41/1999 on Forestry. Article 49 of the Forestry Law states that rights or permit holders are responsible for forest fires in their working areas. But unfortunately the law does not explain the criminal provisions regarding Article 49. Meanwhile, if the perpetrator is a legal entity or business entity, the charges and criminal sanctions imposed on the management, either individually or collectively, are subject to criminal penalties in accordance with the respective criminal threats. plus 1/3 (one third) of the sentence imposed.