Online ISSN: 2515-8260

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

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Wahdah Zainal Imam1 , Zulkifli Aspan2

Abstract

Abstract 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 loss 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 due 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 for 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.

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