Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)

The Handling of Cases of Forest Fire Using the Model of Progressive Interpretation of Law

Authors
Nunuk Nuswardani, Ms. Wartiningsih
Corresponding Author
Nunuk Nuswardani
Available Online October 2018.
DOI
https://doi.org/10.2991/icss-18.2018.272How to use a DOI?
Keywords
Forest fire; model; interpretation; progressive law
Abstract

The ruling of Palembang District Court that released PT Bumi Mekar Hijau on the case of forest fire surprised many groups. From the law and legislation perspective, the government has no comprehensive effort of law enforcement. Moreover, there are norm conflicts between Law No. 32 of 2009 on Environmental Protection and Management serving as the “umbrella law” and other laws, such as Law No. 19 of 1999 on Forestry. The license to clear forest by means of burning governed by the Environmental Management and Protection Law is supposed to accommodate local wisdom, particularly “Simboer Tjahaya”, the local regulation prevailing in Palembang. However, its implementation triggers regular fire in many areas. Obviously, this condition proves the powerlessness of law. Hence, as a mean of “social engineering” laws are expected to be capable of resolving those problems. Using the legislation approach, the purpose of the present study was to seek the ways to prevent and resolve the issue of forest fire by means of the model of progressive legal interpretation

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
October 2018
ISBN
978-94-6252-588-7
ISSN
2352-5398
DOI
https://doi.org/10.2991/icss-18.2018.272How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Nunuk Nuswardani
AU  - Ms. Wartiningsih
PY  - 2018/10
DA  - 2018/10
TI  - The Handling of Cases of Forest Fire Using the Model of Progressive Interpretation of Law
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1296
EP  - 1299
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.272
DO  - https://doi.org/10.2991/icss-18.2018.272
ID  - Nuswardani2018/10
ER  -