Urgency of Judicial Review to Article 69 Paragraph (2) of Law Number 32 of 2009 Concerning the Environmental Protection and Management in Preventing Forest Fires Disaster in Indonesia

Nunuk Nuswardani, Wartiningsih Wartiningsih

Abstract


This article is research report on the search for models for handling forest fires through the penta helix approach. The mapping results of 5 (five) District Court decisions and the results of several  Focus Group Discussions show how important it is to immediately examine the provisions of Article 69 paragraph (2) of Law Number 32 Year 2009 concerning Environmental Protection and Management. The spirit of Article 69 paragraph (2) to accommodate the community wisdom (Palembang) about farming by means of sonor. However, in one court decision it was revealed that the habits of people were also practiced by corporations even in one case of "utilizing" the local wisdom. Judicial review is important because some of scientific research results show sonor does not rice maximally. This study uses statute approach and factual approach and is analyzed qualitatively.

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References


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