Abstract

Forest and land fires often occur in Indonesia. The effects of fires are far-reaching and have significant impacts on the environment, economy, heritage and social structure of rural areas, as well as nearby cities and neighboring countries. Often the community is the victim of forest and land fires. The community expects benefits in the implementation of law enforcement. However, based on the ideals and objectives of the law, there is not a single legal umbrella or legislation that accommodates the interests of victims of forest and land fires. The purpose of this study is to find out how the government's authority in providing protection to the rights of people who are victims of forest and land fires. This research is normative legal research with a statutory approach, a comparative approach and a historical approach. The legal materials used are primary, secondary, and tertiary with the technique of analyzing legal materials using Systematic, Grammatical, Extensive and Historical interpretation methods. The results of the study indicate that the government's authority in providing protection for the rights of the victims of forest and land fires is to provide preventive legal protection in the form of laws and regulations made based on the authority of the government as a legislator.

Highlights

  • Forest fires are increasingly attracting international attention as an environmental and economic issue, after the 1997/98 El Niño (ENSO) disaster that scorched 25 million hectares of forest land worldwide (FAO 2001; Rowell and Moore 2001)

  • This study aims to determine, analyze, and formulate the government's authority in providing protection for the rights of the people affected by forest and land fires

  • The government's authority in providing protection for the rights of communities affected by forest and land fires is to provide preventive legal protection in the form of laws and regulations based on the authority of the government as a legislator

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Summary

Introduction

Forest fires are increasingly attracting international attention as an environmental and economic issue, after the 1997/98 El Niño (ENSO) disaster that scorched 25 million hectares of forest land worldwide (FAO 2001; Rowell and Moore 2001). There is Government Regulation Number 2 of 2002 concerning Procedures for the Protection of Victims and Witnesses of Serious Human Rights Violations, which has been able to define the definition of victim as referred to as Victim is an individual or group of people experiencing suffering as a result of human rights violations committed that require physical and mental protection from threats, disturbances, terror, and violence from any party. This study aims to determine, analyze, and formulate the government's authority in providing protection for the rights of the people affected by forest and land fires. The legal materials used are Primary Legal Materials which include the 1945 Constitution, laws and ministerial regulations relating to the environment, forestry, forest and land damage. Historical interpretation is an interpretation based on the historical background that underlies the birth of a law (Diantha, 2016)

Government Authority to Provide Legal Protection
Forms of Legal Protection Provided by the Government
Biomass Properties Factor
Habitat Factor
Human Factor
In the Perspective of National Law
In the Perspective of International Law
Enforcement of the Criminal Law of Forest and Land Burning
Conclusion
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