Formulation Of Criminal Punishment For Peatland Burning Offenders Based On Living Law In South Kalimantan

Masrudi M (Universitas Achmad Yani Banjarmasin,)
Zulfa Jamalie (Universitas Islam Negeri Antasari Banjarmasin)
Nuril Khasyi’in (Universitas Islam Negeri Antasari Banjarmasin)

Socius: Social Sciences Research Journal
Vol 4, No 3 (2026): October 2026

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