Penegakan Hukum Dalam Tindak Pidana Pembakaran Lahan Yang Melanggar Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup

Abstract

Law Enforcement in Criminal Acts of Land Burning That Violate Law Number 32 of 2009 Concerning Environmental Protection and Management.Forest fires can be caused by two factors, namely natural factors and deliberate or unintentional human factors. Intentional human factors, for example, in preparing land for shifting cultivation, industrial tree plantations, plantations, transmigration or large livestock businesses, for example cattle which of course will require fodder from young grass, which is done by burning the reeds, then fresh young grass will be obtained immediately as fodder for the cattle. The problem of law enforcement is a problem that is not simple, not only because of the complexity of the legal system itself, but also because of the complicated relationship between the legal system and the political system, economic system and cultural system of society. This study aims to describe law enforcement against perpetrators of burning who violate Law Number 32 of 2009. This study uses an empirical juridical approach. The data collection procedure uses observation, interviews, and literature studies. The analysis of this research data uses a qualitative descriptive method that produces descriptive data in the form of written words from people and observed behavior. Qualitative analysis describes the real conditions of the object to be discussed with a formal legal approach and refers to legal doctrine. Law enforcement in environmental issues has been regulated in environmental law. Environmental law is a legal rule for every management and protection of the environment. The existence of law enforcement efforts can be carried out to prepare for the challenges of environmental degradation which are getting worse every day to become something very important. Analysis of the Covid-19 pandemic which is the basis for the company's reasons for Criminal Law Regulations against perpetrators of environmental pollution and damage based on Law No. 32 of 2009 concerning Environmental Protection and Management is regulated in Articles 97- 120. Criminal provisions in Law No. 32 of 2009 are based on the principle of ultimum remedium for violations of Environmental Quality Standards, Emissions and Disturbances, while outside of these violations the Premium Remedium principle applies, namely that criminal sanctions can be imposed directly.