Online ISSN: 2515-8260

Keywords : Land Fire


Legal Protection For Environmental Damage As Result Of Forest And Land Fires In Indonesia

Wahdah Zainal Imam; Zulkifli Aspan

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1166-1176

The aims of the research are to determine the essence of environmental damage and losses
due to a forest and land fire. The type of study is a normative or doctrinal research
supported by empirical data. The results of the research indicated that the environmental
loss arising from environmental damage and/or pollution does not constitute a lo ss of
private property owned by an individual (person), so juridically the right to sue for
environmental damages is equated with the persons with rights and obligations of other
legal subjects (human/legal entity). Compensation for environmental losses du e to forest
and land fires in Indonesia is carried out through the government's legal right. However,
the environmental law has given authority to the government agencies responsible for
carrying out public legal actions and at the same time the authority to enforce civil law,
which is in the field of Private Law; The Attorney General's authority in submitting a
claim for environmental compensation is carried out based on the existence of a special
power of attorney from the government agency responsible fo r the environment. Law
enforcement in the field of civil law, can be made arrangements to provide direct authority
(attributive) to the prosecutor's institution to be able to make a claim for compensation for
environmental damage caused by forest and land fires in Indonesia.