Abstract
<p>During the long and dry season, land fire which cause smog haze pollution, is a common phenomenon in Indonesia. Although the practice of slash and burn cultivation has no longer in existence after the promulgation of the 1974 Law No. 5 on the Village Government which abolished the <em>Marga</em> Government. Nevertheless, that tradition remained continued practiced by the workers hired by the big palm plantation companies and industries when they open the land to start their activities. it is very surprising that the above practice has resurfaced in the midst of a long dry season that is happening in Indonesia, especially in South Sumatra. Smog and haze resulting from land fire create health problems for the people in South Sumatra, especially in the area where smog and haze located. There are legal instruments as the foundation to claim the healthy environmental rights, the Indonesian Constitution of 1945, The 1999 Law No. 39 on Human Rights and the 2009 Law No. 32 on the Environmental Protection of and the Environmental Management. Herein, the smog and haze pollution are seen to violate the people’s human rights. Unfortunately, the use of human rights law instruments has never been done in Indonesia. Notwithstanding, many community environmental disputes are brought to the District Court rather than to the Indonesian Commission of Human Rights (KOMNAS HAM) for further study. As a result, the legal instruments above di not fully protect the victims of environmental pollution. This paper suggests the use of human rights provisions as the basis for prosecution for community environmental-human rights related disputes. For that, a comparative study to the practice of the European Human Rights Court will be of beneficial for Indonesia in protecting the people environmental human rights. In Indonesia the people’s right to a good and healthy environment is constitutional rights and legal rights for it is protected in the Human Rights Law of 1999 No. 39 and Environmental Law of 2009 No. 32. To that end, the human rights approach to the prosecution of environmental disputes are possible because of environmental pollution disturb the enjoyment of human rights.</p>
Highlights
Land fire is a yearly environmental problem always occurs during the long dry season in Indonesia, especially in the low land areas of South Sumatra, Jambi, Riau and Kalimantan
One may see that the area of oil palm plantations in South Sumatra has reached 10.78 % of the total area of Indonesian palm oil plantations with a total area of 8.04 million hectares
Research Report in collaboration with Forest Fire Project funded by European Union in cooperation with the Department of Forestry of South Sumatra (Retrived, Oct 16, 2018)) using fire is cheap and fast for the workers only need a bottle of kerosine and a box of matches and the fire will do the job
Summary
Land fire is a yearly environmental problem always occurs during the long dry season in Indonesia, especially in the low land areas of South Sumatra, Jambi, Riau and Kalimantan. The dry season begins in the month of March and last at the end of September, the month in which the peasants in South Sumatra start to cut and slash and burn the trees and the bushes. The province of South Sumatra is one of the largest plam oil producer in Indonesia with an area of 866,763 hectares with a total production of fresh fruit bunches (FFB) produced in 2011 reaching around 2.11 million tons. Pte Ltd: Waringin Agro Jaya (WAJ)(2015), the verdict of the South Jakarta Court granted the request of the plaintiff (the Minister for Environment and Forestry) that the defendant was responsible for the land fire covering the area of about 1.626.53 hectare and paid compensation to the Minister of about Rp. 4.66 billion
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