The Implementation of the Strict-Liability Principle to the Perpetrators of Forest and Land Burning

Hafrida Hafrida, Helmi Helmi, Bunga Permatasari
2020 Padjadjaran: Jurnal Ilmu Hukum  
The massive forest and land fires in Indonesia have been raging and caused haze disaster. The haze disaster is not suffered only in Indonesian territory, but it has become a transnational disaster resulting in extensive economic and health quality losses. In addition, the disaster has led damage to agricultural land and disruption of diplomatic relations among affected states. The number of perpetrators of forest and land fires that increase annually shows that the enforcement of criminal law
more » ... t of criminal law is relatively ineffective. This article covers the problem whether the principle of strict liability can be applied to the perpetrators of forest burning. In 2019, forest fires in the Jambi Province had took placed in estimated 165.86.58 hectares. The forest fire is the main source of transnational haze disaster. Law enforcement on forest fires in Jambi has not provided a deterrent effect yet. There are forty-six companies acquiring fires in their concession land areas. Unfortunately, only four of them reached court proceedings and only two companies were declared guilty by the court. Therefore, as a deterrent effort, the principle of strict liability can be applied as the main principle to handle perpetrators of forest burning.
doi:10.22304/pjih.v7n3.a2 fatcat:2bminmeojrcwbd7ht7l2gzptly