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Formulation Of Criminal Punishment For Peatland Burning Offenders Based On Living Law In South Kalimantan Masrudi M; Zulfa Jamalie; Nuril Khasyi’in
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23242094

Abstract

Peatland fires in South Kalimantan are an environmental problem with significant impacts on air quality, public health, ecosystems, and economic activities. The characteristics of peatlands allow fires to persist for long periods and produce large amounts of smoke. This article examines the formulation of criminal punishment for peatland burning based on living law in South Kalimantan using a normative juridical and conceptual approach. The discussion focuses on the relationship between criminal law provisions, the impacts of peatland fires, and values and norms existing within local communities. Criminal punishment should not be oriented solely toward punishment, but should also incorporate community protection, peatland ecosystem restoration, and the recognition of living law within society