Art Original

Eksistensi Kearifan Lokal dalam Penegakan Hukum Tindak Pidana Pembakaran Lahan di Tinjau dari Undang-undang Lingkungan Hidup pada Putusan No : 187/PID.B/lh/2020 PN BLS

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Article 69 paragraph 1 letter h of Law Number 32 of 2009 concerning Environmental Protection and Management prohibits someone from clearing land by burning it. However, law enforcement in Indonesia is still relatively weak. For example, these rules regarding public and private ownership rights lead to the use of fire as a weapon in land ownership conflicts. In the case study that the author examined with case number 187/Pid. B/Lh/2020/Pn.Bls and is related to existing regulations that it is permissible to clear land by burning with several existing provisions. The defendant named Rustam was charged with two charges, namely the first charge of violating Article 69 paragraph (1) letter h in conjunction with Article 108 of Republic of Indonesia Law No. 32 of 2009 concerning environmental protection and management. The phenomenon on the ground in Rustam's case was also not clearing the land but only cleaning the yard of the house so that it looked clean because he intended to have a feast for the birth of his fourth child. The main problem in this research is the role of local wisdom in preventing the crime of burning forests and land in the jurisdiction of the Meranti Islands Police in Case 187/Pid.B/lh/2020/PN Bls and what are the obstacles to law enforcement regarding the crime of arson. Forest and Land in the Meranti Islands Police Legal Area in Case 187/Pid.B/lh/2020/PN Bls. The type of research that the author will use is observational research or survey method, namely research that takes samples from a population and uses interviews as the main data collection tool. The local wisdom of the Indonesian people in clearing land by burning still exists and is recognized constitutionally. Then it was socialized via radio, local print media, socialized intensively and widely for months. The obstacle lies in the quite far distance from Selat Panjang City to the location of the fire so it takes a long time, determining the opinion of environmental and criminal experts so that it can be said that the smoke disaster is said to be not a natural factor but due to deliberate actions by someone who is not responsible. The answer is included in the category of law enforcement constraints in facilities and infrastructure, as well as the difficulty of finding witnesses, especially perpetrators, due to the absence of people living around the location of forest and land fires.

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Detail Information

Call Number

Hukum 345 Gun e

Language

Indonesia

NPM

221022178

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Existence
Local Wisdom
Land Burning

Other Information

Petugas

Uthi Kurnia

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