Jurnal Ilmiah Penegakan Hukum
Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER

Harmonisasi Hukum Pidana dan Kearifan Lokal dalam Penanggulangan Kebakaran Hutan dan Lahan di Kalimantan Barat

Ramadhan, Adam (Unknown)
Rahman, Adi Nur (Unknown)



Article Info

Publish Date
28 Dec 2025

Abstract

This study analyzes the effectiveness of the implementation of positive criminal law and the challenges of legal harmonization in addressing forest and land fires (karhutla) in West Kalimantan, as well as formulates a harmonization model based on legal pluralism. The research employs a qualitative approach with interactive analysis through interviews with six regional officials and a review of legal documents. This model is expected to promote a more inclusive and sustainable legal approach and enrich the theory of legal pluralism through locality-based legal harmonization. The findings indicate that the application of Article 108 of the Environmental Protection and Management Act (UUPPLH) remains discriminatory, as most of those prosecuted are indigenous farmers, even though most of the fire hotspots originate from concession areas. This situation is influenced by the ambiguity of the term “local wisdom” and weak inter-agency coordination. The study proposes a Trisubstantial Harmonization Model, which includes strengthening the legal structure, revising legal substance, and fostering a legal culture.

Copyrights © 2025






Journal Info

Abbrev

gakkum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...