FORMULATION OF LEGAL PROTECTION REGULATION IN THE FORM OF COMPENSATION/RESTITUTION TO COMMUNITIES OF VICTIMS AFFECTED IN CASE OF FOREST AND LAND FIRE

Abstract

A good and healthy environment is a human and constitutional right for every Indonesian citizen (UUD NRI 1945). However, increasingly complex environmental problems continue to threaten human rights, such as cases of forest and land fires. The community is the most disadvantaged party due to the forest and land fires, ranging from environmental damage, healthy problems, delays in the learning process in schools, and other activities that have an impact on economic losses. In this case, the community cannot apply for restitution. The legal problem is that there is a void in norms governing the restitution process for victims affected by environmental crimes in general, including victims of forest and land fires. Therefore, the purpose of this research is to formulate a formulation in the criminal justice system in Indonesia related to legal protection in the form of compensation/restitution for the victims affected by forest and land fires. This type of research is a legal research with a statutory approach, a conceptual approach, a case approach, and uses a legal material analysis technique in the form of a qualitative descriptive technique with inductive logic. The results of this study conclude that the formulation of appropriate norms must be carried out immediately and must also be made in a balanced manner, not sharp down and blunt up, these regulations must be made taking into account the rights and obligations as well as the dignity and worth of the community as victims of forest and land fires based on Human Rights (HAM) which recognizes the basic human right to be able to live in a good and healthy environment and is obliged to maintain and be responsible for all actions to prevent pollution. Restitution is given taking into account the amount of losses suffered by the affected victims.