PENERAPAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PEMBAKARAN HUTAN DI WILAYAH HUKUM KABUPATEN PELALAWAN

Abstract

Forest is an ecosystem unit in the form of a large expanse of land
containing biological natural resources which are dominated by trees in their
natural environment which cannot be separated from one another. Forest and
land fires are natural disasters that often occur in Indonesia, especially during
the dry season. These fires cause enormous environmental damage, economic
losses, and social problems. In fact, large forest and land fires result in
devastating haze impacts beyond state administrative boundaries (transnational
disasters). The regulation of lightly motivated criminal acts is a crime regulated
in the Criminal Code (KUHP) as well as in other laws and regulations, but the
difference must be seen from the background of the perpetrator, the motives and
consequences of the crime not to cause disturbing losses. in society, but the
practice of law enforcement disturbs the sense of justice a lot, because it is
resolved through a court trial process which is actually not necessary or can be
pursued by a process outside the court, by prioritizing peace by deliberation to
reach consensus is an integral mechanism in people's lives in Indonesia, namely
the Restorative Justice path. Law enforcement against forest fires in Pelalawan
Regency, Riau Province based on Law Number 41 of 1999 concerning Forestry
has not been implemented as expected. Although everyone is prohibited from
burning forests, it turns out that every year forest fires routinely occur in
Pelalawan Regency, but there are still many land arsonists who do not get justice
in the punishment they get. The type of research used by the author is sociological
legal research, namely research that examines the legal aspect by looking at the
applicable legislation and comparing it with its implementation in the field by
means of a survey.
Keywords: Justice, Restorative justice, Forest Fire