ANALISIS YURIDIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU PEMBAKARAN LAHAN DALAM BEBERAPA PUTUSAN HAKIM DIKAITKAN DENGAN ASAS KEADILAN

Abstract

The act of burning land is prohibited under article 69 paragraph (1) letter h of Law No.
32 of 2009 concerning Environmental Protection and Management, article 56 paragraph (1) of
Law No. 39 of 2014 concerning Plantations, and articles 187 and 188 of the Criminal Code. The
criminal act of burning land does not look at the area of land that has been burned, even though
it is only a narrow size, the perpetrators can already be punished. In practice, as long as there is
a fire that burns the land, it is a criminal act. And arrests were made immediately regardless of
the area of land burned, the status of the perpetrators and the culture of the community. The
judge decided to follow the consideration of the public prosecutor. In the case of burning, issue
680/Pid.B-LH/2019/PN Rhl on behalf of Mujito, issue number 631/Pid.B-LH/2019/PN Rhl on
behalf of Muhammad Fauzi and issue number 29/Pid.B-LH/2019 /PN Rhl on behalf of Muarni
alias Ujang Kulal Bin Kulal. Arson occurred in the same area, the public prosecutor was the
same and was decided by the same judge but the sentences were different.
The purpose of this study is to find out how the application of criminal sanctions to
perpetrators of land burning crimes. and how the laws and regulations against the perpetrators
of land burning. This research is structured using the type of normative juridical research,
namely research that formulates the application of the principles or norms in positive law. The
approach used is a normative approach, namely library law research.
The judge decided to follow the consideration of the public prosecutor. In the case of

burning, issue 680/Pid.B-LH/2019/PN Rhl on behalf of Mujito, issue number 631/Pid.B-
LH/2019/PN Rhl on behalf of Muhammad Fauzi and issue number 29/Pid.B-LH/2019 /PN Rhl

on behalf of Muarni alias Ujang Kulal Bin Kulal. There was burning in the same area but the
punishment was different. That the imposition was based on the consideration of the public
prosecutor. And the public prosecutor determined the indictment based on the objectives of the
perpetrators of the land burning and the status of land ownership. regardless of the area of
burned land, the type of burnt land, burned plants and community customs. Weaknesses in the
laws and regulations related to the criminal act of burning land are contained in the Legislation
contained in the removal of the prohibition of "clearing land by burning" which does not explain
in detail how much land is burned in order to ensnare the perpetrators. So that anyone who
causes a fire in the field can be punished.

Keywords: Land Burning - Justice - Criminal Sanctions