Tinjauan Terhadap Peranan Kearifan Lokal Di Dalam Pencegahan Tindak Pidana Pembakaran Hutan Dan Lahan Di Wilayah Hukum Polres Kepulauan Meranti Pada Perkara 187/Pid.b/lh/2020/PN Bls.

Yurfandi, Guntur (2022) Tinjauan Terhadap Peranan Kearifan Lokal Di Dalam Pencegahan Tindak Pidana Pembakaran Hutan Dan Lahan Di Wilayah Hukum Polres Kepulauan Meranti Pada Perkara 187/Pid.b/lh/2020/PN Bls. Other thesis, Universitas Islam Riau.

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Abstract

Natural factors and human factors account for almost 100% of events forest fires, whether intentional or unintentional. Article 69 paragraph 2 of the Law 32 Year 2009 there are regulations that allow land clearing by burning by paying attention to local wisdom in their respective areas. In the case study that the author examines with case number 187/Pid. B/Lh/2020/Pn.Bls. The defendant by the name of Rustam was charged with two charges, namely: the first charge violates article 69 paragraph (1) letter h in conjunction with article 108 of the law RI No. 32 of 2009. In the Meranti Islands Regency, the community his habit of clearing land by burning. In this case open open land but only clean the yard of the house so that looks clean because he intends to have a celebration of the birth of his child the fourth. The phenomenon in the field is also not in accordance with the allegations made addressed to the defendant Rustam. Rustam's yard is not a land plantations and Rustam are also not business actors as referred to in plantation law and actually Rustam's profession is only one person construction workers. Based on the above background, the following are the main problems How The Role of Local Wisdom in the Prevention of Forest Burning Crime and Land in the Legal Territory of the Meranti Islands Police in the Case 187/Pid.B/lh/2020/PN Bls, and What are the Obstacles to Enforcement Law on the Crime of Forest and Land Burning in the Legal Territory of the Resort Police Meranti Islands in Case 187/Pid.B/lh/2020/PN Bls. The research method used in this research is observational research or by means of a survey, namely research that takes samples from a population and use interviews as a data collection tool subject matter, while from the nature of this research is descriptive, the research location is Meranti Islands Regency, within the jurisdiction of the Meranti Islands Police and the Riau Malay Customary Institution, Meranti Islands Regency. The results of this study are that the local wisdom of the Indonesian people in clearing land by burning still exists and is recognized legally constitutional. Then the role of the Meranti Malay traditional institution was also present by issuing a warkah or called an appeal when the smog is rampant, the point is to temporarily stop community activities in terms of opening garden by burning. Constraints are located at a considerable distance from Selat Panjang City to the location of the fire, so it takes a lot of time a moment. Then Article 69 UUPPLH paragraph (2) which allows opening land by burning a maximum of 2 hectares per family head with looking at local wisdom, law enforcement by indigenous peoples (customary councils) carried out by imposing customary criminal sanctions. Positive law enforcement carried out when indigenous peoples have not imposed customary criminal sanctions against the head of the family who violates the provisions of local wisdom.

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