Kebijakan Sanksi Pidana Terhadap Delik Pembakaran Hutan dan Lahan di Provinsi Kalimantan Selatan

Abstract

Indonesia since 2016 has a commitment with the international community to reduce GHG emissions with a target of 29% until 2030. Coupled with the ratification of the Paris Agreement through Law No. 16 of 2016 concerning Ratification of the Paris Agreement to The United Nations Framework Convention on Climate Change. Then it is necessary to control forest fires starting from the area. So this article focuses on the study to answer questions related to how the policy of criminal sanctions (Criminal Punishment) for perpetrators of burning forest and land areas in South Kalimantan? The method used is a normative legal research method to develop new arguments, theories and concepts regarding the offense of burning forest areas in South Kalimantan. The research also uses several approaches, among others: Conceptual Approach and Statute Approach. The results of this study indicate inefficiencies in formulating the norms of South Kalimantan Law No. 1 of 2008 because basically the offense of forest fires has been regulated by the Forestry Law. Then the norm inconsistency of norm occurs Keywords: Criminal Policy, Sanctions, Fire, Forest, Land.