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

Summary/Abstract: The focus of the problem in this research is the difference in the concept of giving compensation between article 84 paragraph (3) of Law number 32 of 2009 which reads that a lawsuit through the court can only be taken if the chosen out-of-court dispute resolution effort is declared unsuccessful by one or the parties. who are in dispute. These differences are very influential in terms of legal protection of community rights to a good and healthy environment based on the principles of social justice. 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 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 the right norms with the aim of ensuring justice and legal certainty addressed to the community of victims of forest and land fires must be made in a balanced manner, not sharp downwards and blunt upwards, these regulations must be made taking into account the rights and obligations and dignity and the dignity 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.

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