Libraries at University of Nebraska-Lincoln

 

Date of this Version

Fall 9-16-2019

Citation

Helmi., Hartati., Hafrida., Fathni, I., Nugraha, H. S., Najwan, J. (2019). Documenting Land-Combustion and Progressive Law Enforcement in Indonesia. Library Philosophy and Practice (e-journal), Fall, 1-10.

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Abstract

The right to obtain a good and healthy environment is a constitutional right of citizens expressly regulated in the 1945 Constitution of the Republic of Indonesia. However, this right has not been fully felt due to forest and land burning activities that occur every year in Sumatra and Kalimantan. For this reason, a condition for law enforcement is needed to solve the problem. This study basically answered two questions on how important is progressive law enforcement in burning forests? What is the concept of progressive law enforcement as intended?. Therefore, the findings stated that first, progressive law enforcement on forest-burning cases has a philosophical and sociological urgency. Second, in efforts to progressively enforce law-burning cases, judges need to get out of the confines of the text in the law by always paying attention to the concept of the strict liability and precautionary principle to bring justice to every citizen who is negatively affected by the burning of forests.

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