IMPLEMENTATION OF INTERNATIONAL ENVIRONMENTAL LAW PRINCIPLES IN UNITED STATES FOREST AND GROUND FIRE PREVENTION AND CONTROL POLICY

IMPLEMENTATION OF INTERNATIONAL ENVIRONMENTAL LAW

PRINCIPLES IN UNITED STATES FOREST AND GROUND FIRE

PREVENTION AND CONTROL POLICY

Introduction

Today the world is facing an environmental crisis where damage to the earth's

environment is increasingly threatening the natural resource base, especially forests, therefore

if there is damage to forests such as fires, illegal logging and other damage that causes an

unfavorable impact on human life, and becomes a problem that is so heavy to be felt by

United States.

One of the most visible consequences of forest management that does not consider the

environment is the increasing frequency and intensity of forest and land fires in United

States. Fire is one of the fastest and most negative factors in forest destruction. In addition to

the forest resources themselves, the impact has also disrupted human health, the economic

sector, and even politics.

The world was stunned when United States forest and land fires occurred in 1982/1983,

especially in the province of East Kalimantan1 , how could tropical forests can wetlands catch

fire?2 The fires have destroyed 3.6 million hectares of forest and land3 with a loss of US$9

billion4 It is known that the cause of the fires is the change in vegetation structure due to

logging that began in the 1970s, where millions of hectares of forest land were divided into

Forest Concession Rights (HPH) areas resulting in a "timber boom".

The fires that occurred in 1982/1983 were not finished and stopped but continued from

year to year such as in 1987 United States again experienced fires but not as extensive as in

the 1983 incident which only burned 66 hectares of forest and land areas. In 1991 there were

forest and land fires with a burned area of 500 thousand hectares of forest and land, in 1994

there were forest and land fires with a burned area of 5.1 million hectares of forest and land,

and the peak of forest and land fires in United States was in 1997 to 1998 with a burned area

of up to 11 million hectares of forest and land.

The fires continued in 1999 until 2006 when they burned 120 million hectares of forest

and land6 . From 2011 to 2016, fire-related reports in United States recorded 328,000 hectares

of forest and land with the peak occurring in 2015 with a burned area of 261,000 hectares.

Uncontrolled use of fire, resulting in fires and creating rapid fire spread mostly from

wetland development activities, has caused fires in most wetland areas in the last two

decades.

The increase in fires is also linked to El Niño, which contributes to an increase in extent

and spread. Recurrent fires have become one of the biggest threats to forest conservation,

sustainable use and restoration of degraded areas in United States.

The impacts arising from forest and land fires are very much in contact with

international environmental law with all the principles of international environmental law that

exist in it which can be the basis for efforts to prevent and control forest and land fires.

Whether United States has implemented these principles in its efforts to prevent and control

forest and land fires in United States.

From the description above, the problems that can be arranged include:

 Has the policy on the prevention and control of forest and land fires in United States has

implement the principles of international environmental law?

 What are the government's efforts to prevent and control forest and land fires in United

States?

Methods

Approach Method

This research is qualitative in nature because this research emphasizes or relies more on

the depth of the data rather than the amount of data obtained. Viewed from a scientific

perspective, this research is a legal research, with a Juridical-Normative approach method

because this research places the rules of law both international and national as a major

premise or determining factor of a legal research.

Research Specifications

The research specifications used in this legal writing are prescriptive and applied,

because legal science with its characteristics as a prescriptive science is a legal science that

studies legal objectives, values, justice, the validity of legal rules, legal concepts and legal

norms. As an applied science, legal science establishes standard procedures, provisions, signs

in implementing legal rules.

In this research the author uses legislative approach and historical approach (statue

approach) and historical approach. This is because the author uses national and national and

international law as the initial basis for analyzing so that the legislation is the focal point of

this research. Legislation is the focal point of this research. The author also uses a historical

approach by examining the background and development of the material under study.

Legal Material Collection Method

Based on the approach method used, namely Juridical-Normative so that in this study the

main data source used is secondary data. To collect secondary data, data collection

techniques are needed by means of literature studies, namely reading and selecting provisions

of national and international law and other legal provisions related to research. This literature

study is also Data collection is carried out through book sources as well as journals, the

internet, and articles. In addition, it is also necessary to collect data sourced from sources and

respondents, the data is obtained purposively, namely collecting data intentionally according

to the object of research needed or directly related to the research.

Results and Discussion

Overview of the State of United States Forests

Forests are places where various flora and fauna develop, from microforms to large

animals such as elephants. The interaction of the components contained in the forest

ecosystem continues to run, which makes the forest very beneficial for the sustainability of

living things. The benefits produced by forests make humans carry out activities to utilize

forest areas, utilize environmental services, utilize wood and non-timber forest products and

collect wood and non-timber forest products optimally. As a result, forest utilization and

management have become uncontrollable and caused damage to the forest. Large-scale

destruction and loss of natural forests began to occur in United States since the early 1970s,

when forest concession companies began operating.

One of the things that contributes to forest loss in United States is forest loss due to fire.

Deforestation can happen quickly when fires sweep away forest cover or forests that have

been cut down for land clearing and road building for oil palm and timber plantations.

Deforestation caused by forest fires can be seen in the high number of hotspots in deforested

areas.

In 2014, Riau Province (21,372 hotspots), Central Kalimantan (13,436 hotspots) and

West Kalimantan (9,076 hotspots) experienced the most forest and land fires. Based on

Figure 2, there is a trend in several provinces that have high gross deforestation rates, namely

Riau and Central Kalimantan. Central Kalimantan also show areas with a large number of

hotspots. Based on the results of hotspot data analysis In 2014, hotspots in the three provinces

were influenced by land clearing activities that often occurred from August to October.

There are several triggers for fire, such as the chemical process of combustion due to

nature and deliberate human-made combustion for certain purposes. Fires arising suddenly

from the forest appear naturally due to natural processes, but more than 95% (ninety-five

percent) of the main causes of fires in most countries including United States are caused by

human activities, both intentional and negligent.

The most important natural causes are lightning and volcanic eruptions but these are very

rare in United States which has a tropical climate, because when lightning strikes forest

vegetation it will be immediately extinguished by rainwater because lightning will always go

hand in hand with the emergence of rain in tropical climates. The routine cause of forest and

land fires is a side effect of human activities in fire users, climate factors and daily weather

are very supportive of accelerating the process of fire occurrence. Large-scale fire incidents

are sometimes inseparable from the occurrence of a long dry season. The dry season is caused

by the natural phenomenon of El Nino or El Nino Southern Oscillation (ENSO).

Natural factors only support the occurrence of fires The main cause of forest and land

fires is human activity, both intentional and negligent. Intentional forms consist of the use of

fire for farming, deliberate but uncontrolled burning of vegetation such as the clearing of HTI

areas, plantations and land preparation by communities, burning during hunting and wildlife

expulsion, burning during fishing, burning agricultural and household waste, burning to repel

mosquitoes by galam wood seekers, as well as other negligent fire users such as campfires lit

by mountain climbers and the absence of fire fighting and fire prevention facilities and

infrastructure.

State Responsibility in Prevention And Forest and Land Fire Management in United

States

Forest and land fires are contrary to the principles of international environmental law,

especially the impacts caused by the fires themselves, especially the emergence of

transboundary haze pollution, although this impact is not the only one that is contrary to the

principles of international environmental law, but this is a direct impact caused by forest and

land fires that cause losses to other countries.

According to international law, state responsibility arises when a state harms another

state. In the 2013 fires and In 2015, the haze problem became an international problem

because it caused transboundary pollution in neighboring countries (transboundary

pollution), so Singapore and Malaysia officially sent a memorandum of protest due to the

haze caused by fires in Sumatra and Kalimantan that reached their country. To resolve this

transboundary pollution issue, the provisions of international law should be considered,

especially customary international law.

At Draft Articles Responsibility of States for Internationally Wrongful Acts 2001 adopted

by the International Law Commission (ILC), it is stated in Article 1 that Every internationally

wrongful act of a State entails the responsibility of that State (Every act or omission

prohibited by international law entails the international responsibility of that State).

Although, Draft Articles Responsibility of States for Internationally Wrongful Acts 2001

adopted by the International Law Commission (ILC) is not binding as an instrument of

international law because it has not been enacted as a legal product. However, the binding

force of the ILC Draft is not seen from its form as an instrument, but from its content. The

ILC Draft can be used as an additional source and is binding as customary international law.

ASEAN leaders formulate pattern for handling haze pollution in Asia Southeast Asia in

an ASEAN Agreement on Transboundary Haze Pollution (ASEAN Agreement on

Transboundary Haze Pollution) which regulates the distribution of responsibility and

handling of haze pollution in the Southeast Asian region, the agreement has been ratified by

United States through the Law of the Republic of United States Number 26 of 2014

concerning Ratification of the ASEAN Agreement on Transboundary Haze Pollution.

Agreement On Transboundary Haze Pollution.

The ratification of the ASEAN Agreement on Transboundary Haze Pollution does not

eliminate the state's responsibility in Satisfaction to maintain relations and as United States

good faith to haze-affected countries.

Principle This becomes important in policy prevention and control of forest and land

fires because most forest and land fires occur on wetlands, especially peatlands. The form of

embodiment of the Wise Use Principle carried out by United States by ratifying the

Convention. Ramsar Convention through Presidential Decree No. 48 of 1991 on ratification

of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat.

As a result of the Presidential Decree, United States has 7 (seven) Ramsar Sites covering an

area of 1,372,976 hectares, 5 of which are peatlands that are vulnerable to forest and land

fires.

All of these Ramsar Sites are protected through Government Regulation No. 28/2011 on

the Management of Nature Reserves and Nature Conservation Areas. In addition, they have

also been designated by the Government as National Parks through the Decree of the Minister

of Environment, which makes the protection and supervision of peatlands in the 5 sites better

in terms of management and supervision so as to minimize forest and land fires caused by

humans who want to convert the land.

Another form of implementation of this principle in forest and land fire prevention and

control policies in United States can be seen in the Law on Environmental Protection and

Management where environmental protection and management aims to control the wise use

of natural resources, this is in accordance with Article 3 Letter h. In addition, in Government

Regulation No. 57/2016 on the Amendment to Government Regulation No. 71 The adoption

of the Wise Use Principle can be seen in Article 9 Paragraph (2) Letters a and b where the

wise use of peatlands is divided into two functions, namely the protection of peat ecosystems

and the cultivation of peat ecosystems.

At the sectoral level, the Ministry of Agriculture issued Minister of Agriculture

Regulation No. 14/Permentan/Pl.110/2/2009 on Guidelines for the Utilization of Peatland for

Oil Palm Cultivation. This more technical regulation regulates the management of peatlands

used for cultivation so that so that This more technical regulation regulates the management

of peatlands used for cultivation, so that the utilization of peatlands cannot be done carelessly

and must meet the rules of peatland management, especially on land with a thickness of more

than 3 meters, as an effort to prevent forest and peatland fires outside of protected areas by

the government.

The implementation of this principle even underlies the United States constitution. The

adoption of this principle is contained in Article 33 Paragraph (3) and Paragraph (4) of the

1945 Constitution of the Republic of United States as a constitutional foundation that requires

that the earth, water and land be protected. The natural resources contained therein are

controlled by the state and used for the greatest prosperity of the people and in its

implementation must be carried out in an environmentally sound manner. The Constitution

itself has mandated this principle as the foundation of natural resource management.

In addition to the 1945 Constitution of the Republic of United States, the form of

implementation carried out by United States is by ratifying the Agreement On The

Conservation Of Nature And Natural Resources 1985 which expressly includes this principle

in Article 20. In the UUPPLH, this principle is stated in the explanation of Article 2 letter a

and letter e where the state prevents natural resource utilization activities that cause pollution

and / or environmental damage and all business and / or development activities carried out

are adjusted to the potential of natural resources and the environment to improve people's

welfare and human dignity in harmony with the environment.

The real form of implementation of this principle is stated in the Forestry Law Article 50

paragraph (3) letter d which reads Everyone is prohibited from burning forests, UUPPLH

Article 69 paragraph (1) letter h contains a prohibition on clearing land by burning as it reads

everyone is prohibited from clearing land by burning.

The form of implementation of this principle by United States can be seen in the

explanation of Article 2 letter b of the UUPPLH which states that everyone bears obligations

and responsibilities towards future generations and towards their neighbors in one generation

by making efforts to preserve the carrying capacity of the ecosystem and improve the quality

of the environment.

The implementation of this principle is also in line with United States commitment to the

Sustainable Development Goals (SDGs) agreed at the September 2015 World Summit.10 The

SDGs adopted by United States will also complement the Nawacita vision-mission of

President Trump and Vice President Jusuf Kalla and accelerate the achievement of the NDP.

National Medium Term Development Plan (RPJMN) 2014-201911 . Related to forest and land

fires, the presence of SDGs in United States can prevent and overcome forest and land fires

that occur through the goal or goal 13 of the SDGs about taking immediate steps to address

climate change and its impacts and goal 15 of the SDGs present to ensure the conservation,

restoration and sustainable use of terrestrial ecosystems and inland waters and their

environmental services.

Sustainable Development Goals (SDGs) in the realm of implementation by the

government through the National Development Planning Agency (Bappenas) is drafting the

Presidential Regulation of the Republic of United States on the Implementation of

Sustainable Development Goals (SDGs).

The United States government under the Ministry of Environment and Forestry also

issued a regulation of the Directorate General of sustainable production forest management

number: P.14 / PHPL / Set4 / 2016 concerning Standards and Guidelines for Implementing

Performance Assessment of Sustainable Production Forest Management (PHPL) and Timber

Legality Verification (VLK) with the existence of sustainable production forest management,

the sustainable development of the forest is maintained and forces forest management permit

holders to protect the forest and forest security where forest resources must be safe from

disturbances that include forest fires.

The implementation of this principle in the policy of prevention and control of forest and

land fires in United States is contained in the ratification of the ASEAN Agreement on

Transboundary Haze Pollution strengthening the implementation of this principle through

Articel 4 which explains that countries must Cooperate in developing and implementing

measures to prevent and monitor transboundary haze pollution as a result of land and / or

forest fires that must be overcome and to control the source of the fire, including fire

identification, development, assessment and early warning systems, exchange of information

and technology and provisions for mutual assistance to help countries experiencing forest and

land fires take legislative, administrative and / or other measures to prevent and control forest

and land fires development, monitoring, assessment and early warning systems, exchange of

information and technology and provision of mutually beneficial assistance to assist countries

experiencing land and forest fires to take legislative, administrative and/or other measures to

prevent and suppress land and forest fires.

The concrete implementation of this principle is the establishment of the Terms of

Reference of the ASEAN Coordination Center for Transboundary Haze Pollution Control

through Annex 1 of the agreement which aims to establish and maintain an orderly

relationship with ASEAN countries in order to improve their preparedness and response to

land and/or forest fires or haze pollution resulting from such fires.

Policies for the Prevention and Management of Forest and Ground Fires in United

States

The United States Government's action as a form of implementation of this principle in

responding to forest and land fires that have a direct impact on humans and the environment

such as the emergence of haze that pollutes the environment and causes ARI in most areas

affected by haze is through the Ministry of Health with the issuance of the Decree of the

Minister of Health of the Republic of United States Number 289 / MENKES / SK / III / 2003

concerning Procedures for Controlling the Impact of Air Pollution Due to Forest Fires on

Health where this decision contains procedures for controlling the impact of air pollution due

to forest fires on health, including pre-disaster, disaster and post-disaster phases of forest

fires. It is a reference for health workers at the District or City Health Office in charge of

environmental health, disease eradication and health workers in other units appointed in

accordance with their respective fields of duty.

The Presidential Instruction, signed by the President on October 24, 2015, assigned 23

Ministers or ministerial-level officials as well as Governors and Regents or Mayors

throughout United States. United States to improve control fire. The Presidential Instruction

itself contains instructions to improve the control of forest and land fires, namely by striving

to prevent, extinguish and handle post-fire / forest and land recovery prevention, suppression

and post-fire handling/recovery of forest and land fires, in addition, the President also

encourages the strengthening of coordination across agencies (central and regional),

increasing the role of the local government in forest and land fires the role of In addition, the

President encourages strengthening coordination across agencies (central and regional),

increasing the role of the community/stakeholders and realizing law enforcement against

perpetrators involved in land and forest burners, either individuals or legal entities. The

Presidential Instruction is a form of the government's rapid response in overcoming forest and

land fires that occurred in 2015.

Implementation of the Intergenerational Justice Principle in United States Forest and

Ground Fire Prevention and Management Policy

The technical implementation of this principle in forest and land fire prevention and

management policies in United States is contained in Government Regulation of the Republic

of United States Number 57 of 2016 concerning Amendments to Government Regulation

Number 71 of 2014 concerning Protection and Management of Peat Ecosystems. Considering

that forest and land fires in United States often occur in peat ecosystem units that affect the

condition of peatlands to meet the needs of future generations, the implementation of the

principle of intergenerational justice in the Government Regulation in article 4 regulates

Protection Planning and Management of Peat Ecosystems. The management of Peat

Ecosystems is carried out through the stages of inventorying Peat Ecosystems; determining

the function of Peat Ecosystems and preparing and determining plans for the Protection and

Management of Peat Ecosystems.

Planning for the Protection and Management of Peat Ecosystems aims to realize the

protection of options which has the objective of whether the next generation has the same

options as the current generation in the management of peat ecosystems so that they must be

protected, the protection of quality which has the objective of maintaining the quality of peat

ecosystems so that the quality of peat ecosystems received by the next generation is not

worse than the quality that we have received today and the protection of access where there is

a balanced allocation of rights and access to peat ecosystems between different generations

between members of the current generation.

The government also established the National Strategy and Action Plan for Sustainable

Peatland Management, which has the following objectives purpose the need for wise and

sustainable utilization and management of peatlands. United States peatland management

strategy was developed with reference to the framework of the ASEAN Peatland

Management Initiative (APMI) and the ASEAN agreement on transboundary haze pollution

which was later translated into the ASEAN Peatland Management Strategy (APMS). Land

management strategy It also refers to the provisions of the Ramsar Convention, the

Convention on Biological Diversity (CBD) and the National Wetland Management

Strategy.12

The implementation of this principle can be seen in the issuance of plantation business

licenses regulated in the Plantation Law Article 45 where in obtaining a plantation business

license must have an environmental permit. Article 36 paragraph (1) of UUPPLH states that

every business and/or activity that is required to have an AMDAL or UKL-UPL must have an

environmental permit. Where in the plantation AMDAL document must contain provisions

for facilities and infrastructure to prevent forest fires and land clearing techniques that are in

accordance with environmental conditions.

Criminal punishment is also a means of implementing the principle of prevention in the

prevention and control of land fires in United States. We know that criminal law sanctions

have a preventive influence on the occurrence of violations of legal norms.

The realization of this principle in forest and land fire prevention and suppression

policies is contained in the regulation of peat water levels and land clearing without burning

(PLTB). Prudence in water management on peatland, which is one of the most important

lands for forest and land fires. Wet peatlands are very important in preventing and tackling

forest and land fires. Peatlands where the peat water table is maintained and always wet will

not be prone to fire. Regulation of the Minister of Environment No. 10/2010 on Mechanisms

for the Prevention of Pollution and / or Environmental Damage Related to Forest and / or

Land Fires in Article 5 Paragraph 1 states that the person in charge of businesses and / or

activities that utilize peatlands must apply water management technical standards.

Carefulness in the land clearing process is also important in the prevention and

suppression of forest and land fires because land clearing without burning is a means of

preventing forest and land fires most important in preventing land fires.

Implementation of Polluter Pays Principle in Prevention Policy And Forest and Land

Fire Management in United States

The application of this principle in the prevention and handling of forest and land fires in

United States is based on administrative sanctions, civil and criminal sanctions and other

forms regulated by laws and regulations. All of which are regulated in the Law of the

Republic of United States Number 32 of 2009 concerning Environmental Protection and

Management. In the process of implementation through the process of proving whether each

person responsible for their business and/or activities has caused pollution and/or damage to

the environment causing pollution and/or damage to the environment.

Technically, the calculation of environmental losses is regulated in the Regulation of the

Minister of Environment of the Republic of United States Number 7 of 2014 concerning

Environmental Losses Due to Pollution and / or Environmental Damage. This Ministerial

Regulation aims to provide guidelines for Central Environmental Agencies and/or Regional

Environmental Agencies in determining environmental losses and calculating the amount of

Environmental Losses.

Government Efforts to Prevent and Control Forest and Land Fires in United States

Preventive efforts by the government to overcome forest and land fires in United States

are carried out by issuing regulations that can prevent forest and land fires. Some of the laws

and regulations issued emphasize heavy sanctions for perpetrators of forest and land fires,

namely Law No. 41 of 1999 concerning Forestry, Law No. 39 of 2014 concerning

Plantations, Law No. 32 of 2009 concerning Environmental Protection and Management,

Government Regulation No. 57 of 2016 concerning Amendments to Government Regulation

No. 71 of 2014 concerning Protection and Management of Peat Ecosystems, Government

Regulation No. 4 of 2001 concerning Control of Damage and or Environmental Pollution

Related to Forest and or Land Fires and more technical regulations such as Minister of

Environment and Forestry Regulations and Minister of Agriculture Regulations.

In addition to the national level, prevention efforts through legislation are also carried out

at the regional level by issuing regional regulations both in provinces and districts / cities on

the prevention and control of forest and land fires.

Prevention efforts are also through the information system information system on the

possibility of a fire occurrence that is well distributed to relevant stakeholders up to the field

level is one of the components of successful fire prevention measures. Nowadays, with the

help of modern technology (computers, telecommunication tools, internet, remote sensing

(geographic information system), a fire information system can be developed based on

factors that influence the occurrence of fires such as fuel conditions, climatological

conditions and fire behavior.

Other efforts that can be made by involving communities directly in fire management

activities can also encourage public awareness of the importance of early fire management

around their area. This can be realized through the formation of Fire Brigade Teams at the

community level, which function to tackle forest and land fires early on in their area. Fire

brigades are formed from community members, with the village head in charge, while NGOs

and relevant fire control agencies act as guides and mentors.

Suppression Efforts by the Government to Overcome Forest and Land Fires in United

States

The involvement of various elements of the community, NGOs, agencies, related

agencies and others, in fire-fighting actions is very necessary considering that in fire-fighting

actions quite a lot of human resources are needed, this is where the role of MPA and KTPA is

included in the Fire Control Team. The existence of the Fire Brigade Team will be very

helpful in suppression actions. In a fire case, the Fire Brigade Team is the first posse in the

fire control action, which then coordinates with the Forest and Land Fire Control

Implementation Unit (Satlakdalkarhutla) and the Fire Management Task Force.

In addition, a Forest and Land Fire Fighting Squad Organization was formed, namely

Manggal Agni, which is assisted by elements of the TNI, POLRI, BPBD, Plantation and

Forestry Companies, Community Organizations, Fire Care Communities and Fire Care

Farmer Groups (KTPA). Manggala Agni is a forest and land fire control organization at the

Central Government level that has the duties and functions of prevention, extinguishing, post-

fire handling, evacuation and rescue support, and management support formed and is the

responsibility of the Minister.

Mandala Agni is under the coordination of the Directorate of Forest and Land Fire

Control, which is one of the directorates under the Directorate General of Climate Change

Control (DG PPI). Based on the Regulation of the Minister of Environment and Forestry

Number: P.18 / MenLHK- II / 2015 concerning Organization and Work Procedures of the

Ministry of Environment and Forestry, the Directorate of Forest and Land Fire Control is one

of the directorates under the Directorate General of Climate Change Control.

The Government's Post-Fire Response to Land and Forest Fires in United States

Enforcement efforts after forest and land fires are carried out in accordance with the Law

of the Republic of United States No. IX. 32 of 2009 concerning Environmental Protection

and Management, namely by administrative sanctions, government rights, community rights,

environmental organization rights and criminal prosecution.

In addition, recovery efforts after forest and land fires are carried out through natural

succession, vegetation rehabilitation, new planting and hydrological restoration which are the

responsibility of the central government, local governments, communities (including

customary law communities) and those responsible for businesses and/or activities. Delaying

the granting of new licenses and improving the management of primary natural forests and

peatlands are means of restoring land after forest and land fires.

Conclusions

Based on the results of research and discussion of cases in this legal writing, the

following conclusions can be drawn:

 The implementation of the principles of international environmental law both contained in

international treaties that have been ratified by United States, as well as the rules of

international environmental law that are soft law have been implemented through the

provisions of national laws governing the environment. The implementation is done through

incorporation, transformation and adoption methods.

We know that some principles of the principles are wise use, the principle of state

sovereignty over natural resources and the responsibility not to cause environmental damage

to other countries or areas outside their national jurisdiction, the principle of sustainable

development, the principle of good neighborliness and international cooperation, the principle

of justice within one generation, the principle of intergenerational justice, the principle of

prevention, the precautionary principle, the polluter pays principle and the principle of

common but differentiated responsibility which have been contained in the Law on

Environmental Protection and Management, the Law on Forestry, the Law on Plantations, the

Law on the Ratification of the ASEAN Agreement on Transboundary Haze Pollution and

other provisions relating to forest and land fires in United States. Law on Plantations, Law on

the Ratification of the ASEAN Agreement on Transboundary Haze Pollution, Government

Regulation on the Protection and Management of Peat Ecosystems and other provisions

relating to forest and land fires in United States.

In addition, the implementation of international environmental principles The

implementation of international environmental principles is also found in provisions that

regulate the technical aspects of forest and land fire prevention and control in United States,

such as the Minister of Environment and Forestry Regulation, Minister of Agriculture

Regulation, Minister of Health Regulation, AMDAL, ISPO, PROPER, certification of timber

products, establishment of forest and land fire prevention and control areas protection of

forest and land areas prone to fire and enforcement based on international environmental

principles.

 Government efforts to prevent and control forest and land fires in United States are generally

carried out through three efforts, namely prevention, suppression and post-fire handling.

Prevention efforts are carried out through the issuance of regulations that can prevent forest

and land fires, information systems about the possibility of forest and land fires with the help

of modern technology (computers, telecommunications equipment, the internet and remote

sensing through geographic information systems) with the development of fire information

systems based on factors that affect the occurrence of fires such as fuel conditions,

climatological conditions and fire behavior can prevent and detect forest and land fires early

so that the government can take anticipatory steps against the possibility of fire occurrence

and prevention through community participation by providing basic education to the public

about the dangers of forest and land fires.

In post-fire efforts, the government takes action after forest and land fires in accordance

with the Law of the Republic of United States Number 32 of 2009 concerning Environmental

Protection and Management, namely by taking administrative sanctions, the right to sue the

government, the right to sue the community, the right to sue environmental organizations and

criminals. In addition, recovery efforts after forest and land fires are carried out through

natural succession, vegetation rehabilitation, planting new nutrients and hydrological

restoration which are the responsibility of the central government, local governments,

communities (including customary law communities) and those responsible for businesses

and/or activities.

Legal Material Collection Method

Based on the approach method used, namely Juridical-Normative so that in this study the

main data source used is secondary data. To collect secondary data, data collection