Analisis Yuridis Bencana Alam Kebakaran Hutan dan Lahan di Kalimantan dalam Tinjauan Undang-Undang Nomor 32 Tahun 2009

Abstrak

Forest and land fires in Kalimantan constitute a serious environmental problem that causes ecological damage, air pollution, public health risks, and social and economic losses. This condition raises legal issues concerning the prohibition of land clearing by burning, the liability of individuals and corporations, and the effectiveness of law enforcement under Law Number 32 of 2009 on Environmental Protection and Management. This study aims to analyze the regulation and enforcement of environmental law in cases of forest and land fires in Kalimantan based on Law Number 32 of 2009. The research employs normative juridical methods using a statutory approach and a conceptual approach. The data were obtained through a literature review of legislation, legal doctrines, scientific publications, and relevant case studies. The findings indicate that Law Number 32 of 2009 provides administrative, civil, and criminal legal instruments to prevent and address forest and land fires. Article 69 paragraph (1) letter h prohibits land clearing by burning, while Article 108 stipulates criminal sanctions for parties who conduct land burning. However, the implementation of these provisions remains suboptimal due to difficulties in proving the perpetrators’ acts, weaknesses in supervision and inter-agency coordination, corporate involvement, and economic interests in land utilization. Therefore, law enforcement must be strengthened through consistent supervision, integrated institutional cooperation, effective corporate liability, and the application of preventive and restorative environmental principles.