Mamanda Syahputra Ginting
Universitas Lampung, Lampung, Indonesia

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Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung Zalza Junior Edla; Maya Shafira; Muhammad Farid; Diah Gustiniati Maulani; Mamanda Syahputra Ginting; Refi Meidiantama
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 4 No 2 (2025): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.4537

Abstract

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province. Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews. Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties. Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control. Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung. Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.
Upaya Penanggulangan Tindak Pidana Pertambangan Ilegal di Wilayah Hukum Kabupaten Tulang Bawang Provinsi Lampung Refi Meidiantama; Fristia Berdian Tamza; Mamanda Syahputra Ginting
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.5601

Abstract

Purpose: This study examines the efforts to combat illegal mining activities in the jurisdiction of Tulang Bawang Regency, Lampung Province, by analyzing both penal and non-penal approaches as well as the effectiveness of law enforcement through the lens of legal substance, legal structure, and legal culture. Methodology: Using a normative juridical approach, this research relies on primary and secondary legal materials. Primary data were obtained from interviews with key informants and relevant case observations, while secondary data were collected from legislation, books on penal policy, scientific journals, and previous studies related to criminal law enforcement in the mining sector. Results: The findings reveal that the penal approach, as regulated in Law No. 3 of 2020 on Mineral and Coal Mining and the Law on Environmental Protection and Management, provides a strong legal basis to impose criminal sanctions on illegal mining actors. However, law enforcement remains constrained by overlapping regulations, complex licensing procedures, limited resources of law enforcement agencies, and low public legal awareness. Non-penal measures such as community education, simplification of mining permits, economic empowerment programs, and local participation are crucial to addressing the socio-economic roots of illegal mining. Limitations: This study is confined to examining legal developments by comparing the Corruption Eradication Law with the provisions in the New Criminal Code. Contribution: This study contributes to the discourse on criminal law policy by highlighting the need for a balanced combination of penal and non-penal strategies to protect natural resources and achieve sustainable development. The findings can serve as a reference for local governments, law enforcement agencies, and policymakers in formulating more effective measures to eradicate illegal mining in Tulang Bawang and similar regions in Indonesia.