Environmental criminal action on forest and land burning in Pontianak City

Abstract

The crime of the forest and land was burning that occurred in Indonesia, especially in the city of Pontianak is an environmental crime that is very worrying and requires firm action from the government. Criminal sanctions against perpetrators of a forest and land fires are regulated in the Criminal Code, Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 39 of 2014 concerning Plantations and regulation of the Minister of the Environment Number 10 of 2010 concerning Pollution Prevention Mechanisms and/or the environmental Damage Related to the forest and/or Land Fires. There is a contradiction between article 187 of the Criminal Code and Article 56 paragraph (1) of the Plantation Law which clearly prohibits forest burning and article 69 paragraph (2) of the Law on Environmental Protection and Management. The purpose of this paper is to discuss environmental crimes by burning a forest and land, to examine the problem of conflict norms in the crime of the forest and land burning using normative research methods through a statutory approach, so as to find a solution to the conflict of norms.