Enforcement of Supreme Land Fire Law in Industrial Timber Estate Area (Judge Decision Study Number: 24/Pdt.G/2015/PN.Plg

By | December 25, 2017

Enforcement of Supreme Land Fire Law in Industrial Timber Estate Area (Judge Decision Study Number: 24/Pdt.G/2015/PN.Plg

ABSTRACT

1Suparman 2Mayasari, Riezka Eka 3Rahman, Irsan

The occurrence of fires in industrial forest areas and causing great loss, but in this case not found the party who will be responsible for events that are very detrimental to the state both short and long-term / long. So it raises various prejudices among the public to law enforcement in Indonesia. The formulation of the problem in this research is the first application of material law article 1365 Civil Code with the decision of judge number 24/Pdt.G/2015/PN.Plg. Second Judicial Judicial Competition in deciding case number 24/Pdt.G/2015/PN.Plg. The research method used is the normative type of method that comes from library materials and secondary data types, while the data collection is focused on the data that is sure and clear, and data analysis used is qualitative data analysis. So in the conclusion explained that article 1365 Civil Code (action against the law) has been found not to meet the elements in the act of unlawful in the element that is the existence of an act, there must be a mistake, there must be a loss caused and the causal relationship between the act and loss . The judge’s consideration in deciding the case is very concerned with the evidence and expert statements but the Judge does not consider matters that may lead to the parties responsible for the case and does not consider the effects of the fire. Not declared article 1365 is considered appropriate, but in consideration, the Judge is very causing obstacles.

Keywords: Law Supremacy, Land fire, Plantation Forest Industry