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A. G. Wibisana and S. N. Setyorini
responsibility to prevent and control forest fires lies with the license holders. They
are the parties who have the obligation to ensure that areas within their control will
not experience fires. The 1999 Forestry Law also strengthens this responsibility by
stating that the rights of license holders are responsible for fires taking place in their
area of work (the 1999 Forestry Law, art. 49).
In addition to these responsibilities, the 1999 Forestry Law also contains provisions related to forest fires. The Law prohibits every person from burning any forest
(the 1999 Forestry Law, art. 50 part. 3 letter d) and from throwing any object that
has the potentials of causing fires (the 1999 Forestry Law, art. 50 part. 3 letter l).
The burning of forest falls within the so-called delik formal (formal delict), meaning
that an activity is considered a crime regardless of the consequences of the activity.
Burning is punishable by the imprisonment of a maximum of 15 years and a fine of
maximum IDR 5 billion for violations of article 50 par. 3 letter d (the 1999 Forestry
Law, art. 78 part. 3) and imprisonment of maximum three years and fine of maximum
IDR 1 billion for violations of article 50 sub-article 3 letter l (the 1999 Forestry Law,
art. 78 sub-art. 11).
Provisions on forest protection in the 1999 Forestry Law are further stipulated in
Government Regulation Number 45 of 2004 on Forest Protection. The Regulation
holds the forest license holders responsible for taking forest protection measures
within their respective working area. Specifically, the Regulation requires the license
holders to take measures to prevent and control fires (GR Number 45 of 2004, art.
6 letters a and art. 8 par.4), regardless of whether the fires were triggered by human
actions or natural factors (GR Number 45 of 2004, art. 18). Despite the provisions on
the prevention of forest fires, law and regulations on the forestry sector remain silent
on the protection and management of peatlands. No specific provision on peatlands
can be found in these laws and regulations.
The Importance of Environmental Law in the 2010s
In 2009, the government enacted Law Number 32 of 2009 on Environmental Protection and Management (the 2009 Environmental Law). The Law replaces the previous
law on environmental management, that is, Law Number 23 of 1997. New provisions
are introduced in the 2009 Environmental Law, including those related to forest or
land fires and peatlands.
(a) The 2009 Environmental Law and Peatland Protection
The 2009 Environmental Law provides provisions related to fires and peatlands. In
the first place, the provisions on fires and peatlands can be found in those related to
environmental damage. The Law stipulates that these criteria are used to determine
whether a particular environment has been damaged. These criteria are further divided
into criteria for determining ecosystem damage on the one hand and climate change
damage on the other hand (the 2009 Environmental Law, art. 21, paras 1–2). In this
A. G. Wibisana and S. N. Setyorini
responsibility to prevent and control forest fires lies with the license holders. They
are the parties who have the obligation to ensure that areas within their control will
not experience fires. The 1999 Forestry Law also strengthens this responsibility by
stating that the rights of license holders are responsible for fires taking place in their
area of work (the 1999 Forestry Law, art. 49).
In addition to these responsibilities, the 1999 Forestry Law also contains provisions related to forest fires. The Law prohibits every person from burning any forest
(the 1999 Forestry Law, art. 50 part. 3 letter d) and from throwing any object that
has the potentials of causing fires (the 1999 Forestry Law, art. 50 part. 3 letter l).
The burning of forest falls within the so-called delik formal (formal delict), meaning
that an activity is considered a crime regardless of the consequences of the activity.
Burning is punishable by the imprisonment of a maximum of 15 years and a fine of
maximum IDR 5 billion for violations of article 50 par. 3 letter d (the 1999 Forestry
Law, art. 78 part. 3) and imprisonment of maximum three years and fine of maximum
IDR 1 billion for violations of article 50 sub-article 3 letter l (the 1999 Forestry Law,
art. 78 sub-art. 11).
Provisions on forest protection in the 1999 Forestry Law are further stipulated in
Government Regulation Number 45 of 2004 on Forest Protection. The Regulation
holds the forest license holders responsible for taking forest protection measures
within their respective working area. Specifically, the Regulation requires the license
holders to take measures to prevent and control fires (GR Number 45 of 2004, art.
6 letters a and art. 8 par.4), regardless of whether the fires were triggered by human
actions or natural factors (GR Number 45 of 2004, art. 18). Despite the provisions on
the prevention of forest fires, law and regulations on the forestry sector remain silent
on the protection and management of peatlands. No specific provision on peatlands
can be found in these laws and regulations.
The Importance of Environmental Law in the 2010s
In 2009, the government enacted Law Number 32 of 2009 on Environmental Protection and Management (the 2009 Environmental Law). The Law replaces the previous
law on environmental management, that is, Law Number 23 of 1997. New provisions
are introduced in the 2009 Environmental Law, including those related to forest or
land fires and peatlands.
(a) The 2009 Environmental Law and Peatland Protection
The 2009 Environmental Law provides provisions related to fires and peatlands. In
the first place, the provisions on fires and peatlands can be found in those related to
environmental damage. The Law stipulates that these criteria are used to determine
whether a particular environment has been damaged. These criteria are further divided
into criteria for determining ecosystem damage on the one hand and climate change
damage on the other hand (the 2009 Environmental Law, art. 21, paras 1–2). In this