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Original Research



Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/T7Q68   |   Author Affiliation: Doctor in Law Program, Diponegoro University, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Semarang. Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 993-1007   |   Published on: 21-07-2023


This research is about "Reconstruction of Legal Model for Forest and Land Arsonists in Central Kalimantan". The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that; 1) Law Enforcement on Land and Forest Burning in Central Kalimantan Province in terms of the Role of the Indonesian National Police is carried out based on Restorative Justice. The concept in criminal law enforcement that accommodates norms and values that apply in society as a solution while providing legal certainty, especially the benefits and sense of justice of the community, in order to answer the development of community legal needs that meet the sense of justice. 2) Regulatory Policy Law enforcement efforts against forest and land arsonists in Central Kalimantan have not been able to create justice, including due to several obstacles as follows; (a) Legal factors or laws to which the criminal provisions in the Penal Code are applied instead of the criminal provisions in specific laws such as the Environmental Protection and Management Law, the Forestry Law and the Plantation Law. (b) Law Enforcement factors, there are still many law enforcement officials who do not understand the provisions stipulated in the laws and regulations regarding criminal provisions in forest and / or land fires that are lex specialist. (c) Budget factors and (d) facilities/facilities are one of the inhibiting factors, this is due to the unavailability of facilities/facilities to carry out police actions in an effort to prevent and take action in the event of forest and/or land fires, in addition to the limited number of personnel and operational funds in the investigation process. (e) Community and cultural factors are still obstacles in law enforcement of forest and / or land fire crimes, this is because there is still an attitude of community indifference and it has become a habit of the community if clearing land for agriculture / plantations is done by burning land that has been cut / cut to make it easier and more practical for land clearing. 3) Reconstruction of the legal model in handling forest and land fire perpetrators in Central Kalimantan based on justice in the future can be done by; (a) Synergy of Law Enforcement in Regulations against Forest Burning Perpetrators both in the criminal concept and in the concept of environmental law based on restorative justice; (b) Synergy of Forest Management both from the Government Together with the TNI, Polri, Perhutani and the community; (c) Forest Empowerment and Management based on local wisdom; (d) Increasing the budget and adjusting adequate facilities and infrastructure in handling forest and land fire perpetrators in Central Kalimantan; (e) Develop a society with a legal culture, especially related to the negative impacts of forest burning


reconstruction, model, law, perpetrator, arsonist, forest, land, Central Kalimantan