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ISSN : 2582-6271

Title:
ENFORCEMENT OF CRIMINAL LAW AGAINST THE PERSONNEL OF BURNING FOREST AND LAND IN SOUTHWEST ACEH DISTRICT

Authors:
M. Nur, Fazzan, Azhari, Dollar and Nouvan Moulia

Abstract:
Criminal acts in the forestry sector are "acts that violate the provisions of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction (P3H) with the threat of criminal sanctions for anyone who violates the law unlawfully". According to Law No. 18 of 2013 concerning prevention and destruction of forests, and Law No. 39 of 2014 concerning Plantations, that forest destruction, especially in the form of illegal logging, mining without permits, and plantations without permits, has caused losses to the state, damage to social and cultural life. and the environment, as well as increasing global warming which has become a national, regional and international issue. The purpose of this study was to analyze criminal law enforcement against perpetrators of forest and land burning, the obstacles faced by law enforcers in eradicating forest and land burning perpetrators and efforts to deal with the problem of criminal acts of forest and land burning in Aceh Barat Daya District. This type of research is empirical juridical, where the research data was obtained by interviewing several sources, both from the Southwest Aceh District Forestry and Environment Service, the Southwest Aceh District Disaster Management Agency, the Indonesian Forum for the Environment of Southwest Aceh District and the West Aceh District Police. Power and the local community. The results of the study show that law enforcement against perpetrators of forest fires is considered based on the area of forest burned, the age factor of the perpetrators, the defendant is the backbone of the family and the defendant has never been convicted or is a resident. Meanwhile, the obstacle for law enforcers in eradicating perpetrators is natural factors which are an obstacle because the condition of the location of the fire is difficult to access, the law factor greatly influences the application of the law, but if the law does not have multiple interpretations, then law enforcers will find it difficult to enforce the law, let alone the imposition of arson. forest and land is still low. In addition, the factor is the lack of law enforcers in the Southwest Aceh Police Satreskrim Unit, namely only 2 investigators available, while the facilities and infrastructure factor, namely the absence of environmental laboratory facilities at the Southwest Aceh Police and the lack of car transportation facilities, the factor of the lack of environmental experts should provide and adding experts in each region, especially in the field of forest and land fires, community factors, namely that people must obey existing regulations, as well as community habits in opening new land.

Keywords:
Criminal Law, Forest and Land Burning.

DOI:
https://doi.org/10.52267/IJASER.2023.4202

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