Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Policy Implementation of Forest Fire Handling and Treatment in the Perspective of the Government of Indonesia and Malaysia

Author(s): Sholih Muadi

The purpose of this study was to describe and analyze the implementation of forest fire management and control policies in the perspective of the Indonesian and Malaysian governments. The research method used a qualitative approach, data analysis This study used a qualitative approach. The results showed the Dilemmas and Challenges of Haze Handling in Border Areas (1). It is traced to procedural norms and behavior embedded in the doctrine called the ASEAN Way which its members uphold. One such norm is the principle of enforcement of non-intervention and mutual respect. at the ASEAN level to combat environmental pollution has been deepened, with the introduction of various cooperative measures and projects, including haze mitigation initiatives (2). Indonesian Government Policy Approach in Haze Disaster Management in Perbatasana Area. (A) Diplomacy Steps. First track diplomacy in the form of bilateral diplomacy has been carried out by the Government of Indonesia and the Government of Malaysia since 1985. The Ministry of Forestry of the Republic of Indonesia, clarified that the Memorendum of Understanding (MoU) contains provisions for land clearing without burning (zero burning). Second track diplomacy between Indonesia and Malaysia on the issue of haze in Indonesia has been carried out since 1998 by several non-governmental organizations such as: Greenpeace, Center for International Forestry Research (CIFOR), World Wide Fund (WWF) Indonesia. World Wind Fund dor Nature (WWF) Malaysia and the Global Environment Center (GEC). The non-governmental organization assists the first track diplomacy in realizing negotiations, in the form of preventing, providing information on the causes, impacts, losses of the haze, conducting technical exercises, and scientific research on forest fires that can cause haze. (B) Steps Through Court Roads The resolution of forest and land fires has been mostly through civil court proceedings, where the state, represented by the Ministry of Environment and Forestry (KLHK), has filed a lawsuit. Of the many complaints, only a few have reached court proceedings and the results have been unsatisfactory, ranging from light sanctions decisions to acquittals. Not to mention that it takes a long and convoluted process as well as the energy-draining problem of witnesses and evidence. The provisions regarding forest fires/burning in the forestry law actually do not give adequate attention to fire control efforts, because the prohibition on burning forests contained in the forestry law can actually be countered for special purposes as long as it obtains permission from the authorized official. Until now, there has not been a single law that prohibits clearing land by burning forests. Although there are forest and land fire control centers in the regions, but because of the missing legal instruments, it does not function optimally. (C) Completion through Forest, Garden and Land Fire Prevention Pilot Project (Ministry of Economic Affairs) The concept of this project focuses on early warning, early detection, early suppression, and center assistance. This pilot project will be carried out in villages bordering forest and plantation concessions of stakeholders who are committed to participating in the development of forest, land and plantation fire prevention.Through this pilot project, the government can formulate a concept of best practices and a well-tested standard operating procedure (SOP) for fire prevention which can be effectively applied across villages throughout Indonesia. (3) Malaysian Approach to Combating and Managing TransboundaryHaze Pollution Most of these actions are in the form of policy and legal reforms, with a focus on regulating and eliminating sources of environmental pollution, including haze. In addition, over the years, the Malaysian government's approach to the haze problem evolved into a multi-pronged strategy involving all federal and state agencies. Therefore, in cooperation with the Indonesian and provincial governments, it is in the interest of Malaysia to play an important role in preventing the widespread incidents of open burning on these plantations which are a major contributor to the haze. The following discussion will describe the policy and legal initiatives undertaken by Malaysia on the issue of transboundary haze.

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