PERTANGGUNGJAWABAN PIDANA PELAKU PEMBAKARAN HUTAN DAN LAHAN DALAM KAJIAN YURIDIS SINKRONISASI UNDANG-UNDANG NOMOR 32TAHUN 2009 DENGAN UNDANG-UNDANG NOMOR 39 TAHUN 2014 DI KABUPATEN BATANGHARI

ZAILANI, ZAILANI (2018) PERTANGGUNGJAWABAN PIDANA PELAKU PEMBAKARAN HUTAN DAN LAHAN DALAM KAJIAN YURIDIS SINKRONISASI UNDANG-UNDANG NOMOR 32TAHUN 2009 DENGAN UNDANG-UNDANG NOMOR 39 TAHUN 2014 DI KABUPATEN BATANGHARI. Tesis thesis, Universitas Batanghari.

Text Zailani B.15031050 MH.pdf Download (796kB)

Abstract

ABSTRACT Batanghari Regency is the second largest region that has forests and land in Jambi Province but is also an endemic area of forest and land fires in Indonesia which results in a smog disaster every year. The behavior of people in the Batanghari Regency area opens and cleanses land and forests by burning, which often makes other human discomfort because the smoke generated from these activities is possible because of the rules that legalize them. Patterns of behavior opening and clearing land and forests by burning become lawful due to legal products of Law Number 32 of 2009 but are prohibited by Law Number 39 of 2014 concerning Plantation. Law Number 39 of 2014 concerning Plantation. It is not synchronized because it is equally regulating about the environment, especially regarding forest and land combustion, viewed from the point of view of material legal responsibility. So that researchers are interested in conducting research with the aim of analyzing and knowing the extent to which synchronization of Law Number 32 Year 2009 with Law Number 39 of 2014 in Batanghari District regarding forest and land burning, to analyze and find out what responsibilities or sanctions are applied to the perpetrators of forest and land fires and to find out the policies taken by the government to overcome the effects of forest and land burning activities. The study uses empirical normative juridical research. The discussion results obtained that the regulation of synchronization of Law Number 32 of 2009 with Law Number 39 of 2014 concerning forest and land burning that occurred in Batanghari District was based on the Indonesian Presidential Instruction No5 of 2015 and the results of coordination meetings between the Governor of Jambi and the Regents / Mayors in Jambi Province issued Regulation of the Governor of Jambi Number 2016 concerning Prevention and Control of Forest and Land Fires which states that Every person and / or legal entity is prohibited from clearing forests and land by burning and Everyone who will open land is required to report and obtain permission from the local government closest. Criminal liability against the perpetrators of forest and land fires that occur in Batanghari Regency is regulated based on the prevailing laws and regulations where the actions of the perpetrators of forest and land burning are criminal acts that fulfill the elements of articles in the Criminal Code, Law No. 32 of 2009 concerning Environmental Protection and Management, Law Number 41 Year 1999 concerning, Law Number 39 Year 2014 concerning Plantation, Government Regulation Number 45 Year 2004 concerning Forest Protection. Government policies in overcoming the impact of forest and land fires are increasingly widespread to make prevention efforts before fires and fire prevention. Keywords: Criminal Accountability, Forest and Land Fires

Actions (login required)

View Item