Pembakaran Hutan Sebagai Tindak Pidana Lingkungan: Analisis Dalam Prespektif Hak Asasi

Abstract

The Constitution of the Republic of Indonesian mandates that everyone has the right to a good and healthy environment as stated in Article 28 H paragraph 1. For this reason, the state has responsibility to ensure the fulfillment of these rights. The issue raised in this paper is related to forest fires which have an impact on the violation of the right to obtain a guarantee of a good and healthy environment because the smoke from forest burning has a bad impact on humans, especially if it is caused by human factors. For this reason, it is necessary to pay attention to how the law regulates and the state's responsibility when there is an act of forest burning caused by human factors is related to the view of human rights. This writing uses a normative juridical method which is a legal research using secondary data consisting of legal materials which include primary, secondary, and tertiary legal materials. The approach method used in analyzing legal materials is the statutory approach and the conceptual approach. The results of the writing show that forest burning activities that have an impact on forest fires are a violation of the right to a good and healthy environment. Therefore, the government has the responsibility to fulfill these rights by taking firm action against the perpetrators of forest fires and making recovery efforts for the people affected by the forest fires.