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CMBR JannatiAulah PDF
CMBR JannatiAulah PDF
2020422002
In Indonesia the main legal instrument in the field of forest fires is the forest law
(Law No. 41/1999, as amended by Law No. 19 of 2004), which sets out the guiding principles
for forest management. It declares that all forests are under the state's control for the
people's welfare, thus empowering the government to regulate and organize all aspects
related to forests, forest areas and forest products. The Forest Law remains somewhat
general and vague with regard to forest fires, comperising only few provisions on the matter
and leaving most details about implementation to regulations, decrees and other measures
at the central and regional level.
The occurrence of forest fires can result in cross-border air pollution (disturbing
neighboring countries). For example, forest fires in Indonesia (2014-2015) have resulted in
air pollution in several countries, particularly Malaysia and Singapore. The problem of forest
fire smog in Riau has become an international problem because this case causes
transboundary pollution in neighboring countries so that Malaysia and Singapore have filed
a protest against Indonesia for this problem. Based on the International Environment
Conference which contains state responsibility, it is contained in Article 21 of the Stockholm
Declaration 1972. A principle of state responsibility in international law basically contains
the state's obligation which has an impact on other countries to make reparations to the
country that has been injured and to restore the condition of the country that has been
affected. concerned as before.
(Syndey), The forest fires that occurred in Australia caused the destruction of the
habitat of native Australian wild animals such as kangaroos, koalas, birds, reptiles, and
others. It is estimated that the number of animals that became victims reached 480 million,
including 8,000 koalas. The devastating fires of late 2019 to hit Australia were
unprecedented. The cause is known for a number of reasons, from indiscriminately thrown
cigarettes to lightning strikes that cause burning. and supported by several other factors,
such as lack of rain and low soil moisture. This condition allows a small fire to grow quickly.
Coupled with the high temperatures and strong winds that Australia has experienced in
recent months, these little fires can get big. As a developed country, Australia is familiar
with forest fire management. Not much different from Australia, the Amazon (USA)
experienced severe forest fires in mid-2020, this was due to illegal burning of forests (for
agricultural, livestock, and mining activities), which apparently expanded to burn up to 70%
of the Amazon region.
Forest fires in developed countries are considered a big problem because many
aspects are disturbed, economy, ecology, air pollution (increase in air emissions). Developed
countries are more focused on how to recover after forest fires by rebuilding forest
conditions and seriously examining cases of forest fires. Countries in Southeast Asia are
mostly developing countries and Indonesia, as a developing country, certainly has the same
case. As an Indonesian citizen, I know how to handle forest fires in Indonesia. The existence
of laws and who is the party responsible for forest fires is the focus of the law in Indonesia,
not the way of dealing with it or studying it. So often the burned land is neglected and not
renewed until the forest itself regenerates itself.
however, if the regulations are not implemented properly there will be an imbalance
in the conservation of living natural resources. So that in order for future generations to
enjoy and see all the biodiversity in Indonesia, the Constitution Regulation No.5 which is the
basis for the conservation of living natural resources must be adjusted to the latest
developments in the policy of protecting the world's biological resources, carried out based
on the results of synchronization and harmonization with laws -related laws, so that the
resulting legislation is expected not to overlap with other regulations, but complement each
other in providing maximum protection for the use of sustainable living resources.
And how about regulation between countries? of course there are policies that
regulate the migration of birds from one country to another. All play an important role
starting from the community, regional government, NGOs, ministers and the central
government.
From the journal I read that, currently, with its enormous potential and importance
for migratory birds, this eastern coastal area (Kabupaten Deli Serdang) is inseparable from
threats and damage. Almost all coastal areas in the district have destructive activities,
especially in mangrove forest areas. The biggest activity that seriously threatens the
preservation of mangrove forests is the change in the function of mangrove forests into oil
palm plantations and aquaculture, as well as other threats such as coastal reclamation and
pollution. All of these activities accelerate the destruction of the habitats of coastal flora
and fauna, especially waterbirds and migratory birds.
Therefore, an active role of all parties is needed to jointly protect and save this
coastal area, especially from local governments as stakeholders and policy makers. With this
authority, it is hoped that local governments can pay more attention to efforts to save and
preserve mangrove and coastal forests which are implemented in the form of regional
regulations.
4. Indegenous people living in Conservation Area
If we discuss indigenous peoples around conservation areas, then we are talking
about very important things. Because indigenous peoples are those who are directly dealing
with the conservation area. For the first time customary communities were granted the
right to officially manage their forests, and their ecosystems were separated from state
forests through a 2012 Constitutional Court decision. This is certainly a progression that the
problem of coordination at the Ministry of Environment and Forestry is relatively resolved in
the context of making the community the main actors in conservation areas.
We know that there are many differences of opinion between indigenous peoples
around the conservation area and the government. However, by making indigenous peoples
as part of important stakeholders, it can be a way out that we are together in caring for the
conservation of living natural resources.
Many disputes occur directly in conservation areas where indigenous people protect
their nature but long-term exploitation has pushed companies to enter there and now
become parties who have interests in a forest area.
What about the rules? Indonesia already has regulations on the prohibition of
exploitation, development or activities in conservation areas. However, in Indonesia after
the ratification of the Job Creation Bill that will obviously destroy our nature. In line with
that, a policy emerged that Komodo Island would be made into international-based tourism
and would be built like a jurrasic park. The people living around the Komodo Island were
expelled because they considered the Komodo Island to be government-owned land.
If this is not prevented, the indigenous peoples will lose their rights and be replaced
by luxurious buildings and massive exploitation. Komodo dragons will experience a high
mortality rate due to the stress of living in an environment that has been disturbed.
As we all know, indigenous peoples usually reject modernization. Because for them it
can destroy their customs and nature. They live side by side with nature and can earn a
living from conservation forest products (in the buffer forest section) with predetermined
and agreed rules, namely without destroying nature itself.