Problems of Mangrove Forest Deporestation with the Status of Other User Areas for the Development of Residential Areas and Pond Activities in Kotabaru Regency From A Criminal Perspective

Authors

  • Kity Tokan Kity Indonesian National Police
  • Muhammad Erham Amin Faculty of Law, Lambung Mangkurat University
  • Ahmad Syaufi Faculty of Law, Lambung Mangkurat University
  • Mispansyah Faculty of Law, Lambung Mangkurat University

DOI:

https://doi.org/10.51749/injurlens.v3i2.79

Keywords:

Crime, Deforestation, Mangroves, Kotabaru

Abstract

The purpose of carrying out this journal is to find out that deforestation of mangrove forests in Kotabaru Regency carried out by the community is an environmental crime and they want to know the sanctions that can be imposed on perpetrators of mangrove forest deforestation in Kotabaru Regency which cause damage to the mangrove forest ecosystem.

The results of this writing are that the act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is caused by the local government's RTRWK inventory process being less than thorough because there are still mangrove forests that are included in residential areas and fisheries cultivation areas. Furthermore, the act of mangrove deforestation is a criminal act of environmental destruction because it pollutes and destroys the surrounding environment, destroying mangrove forests, and destroying the mangrove ecosystem.

Normative research type, doctrinal legal research type using philosophical thinking by finding a concept, research approach, statutory approach, and conceptual approach. Prescriptive nature of research types and primary secondary and tertiary research.

There are still mangrove forest plants based on the author's research which are located on the sea coast of Silver Street, Semayap Village, Kotabaru Regency which extends to the Semayap Village housing complex which is a residential area in the RTRWK Kotabaru Regency is located in a residential area, so the author can conclude that the regional government's inventory process in the RTRW process is not thorough enough and the need for the RTRWK to be revised again, as well as the sea coast area, city boundaries, the village of Stagen District. Kotabaru with the presence of fish and shrimp ponds included in the RTRWK for cultivation areas, the writer can conclude that the regional government inventory process in the RTRW process is not thorough enough and the RTRWK needs to be revised again so that the writer concludes that the local regional government is also responsible for the deportation carried out by residential business actors. and pond cultivation on the side of Silver Street, Semayap Village, Kotabaru Regency up to the Semayap housing complex as well as fish pond cultivation on the coast at the city limits of Stagen Village, Kec. North Sea Island District. new city. The current impact is that this location often floods when the sea water is at high tide. The act of deforestation of mangrove forests in Kotabaru Regency, South Kalimantan Province is an environmental crime. Sanctions that can be imposed on the perpetrators are Article 98 paragraph (1) of the Law of the Republic of Indonesia Number 32 of 2009 concerning Protection and Management of the Environment Article 35 Letter e of the Republic of Indonesia Law Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and article 73 letter b of Law of the Republic of Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands and the regional government should be asked for criminal liability in article 112 and article 113 UUPPLH.

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References

Book

Muhammad Erwin, 2015, Environmental Law in the System of Environmental Protection and Management in Indonesia, Bandung: Refika Aditama.

Peter Mahmud Marzuki, 2007, Legal Research, Jakarta: Kencana Prenada Group.

Soerjono Soekanto and Sri Mamuji, 2013, Normative Legal Research: A Brief Overview, Jakarta: Raja Grafindo Persada.

Journal

Baharuddin, Dafiuddin Salim, “Analysis of Critical Mangrove Land in South Kalimantan Using Geographic Information System for Coastal Wetland Conservation Management”, Jurnal Enggano Vol. 5, No. 3, Oktober 2020: 495-509.

Kity Tokan, “Utilization of Mangrove Forest Areas as Housing Locations in Kotabaru Regency Reviewed from a Juridical Aspect”, Journal Al’Adl, 12(1), 2020: 12-38.

M Bismark, Endro Subiandono, N. M Heriyanto, “Diversity, Potential Species and Carbon Content of Mangrove Forest at Subelen River, Siberut, West Sumatra”, Journal of Forest Education and Nature Conservation, 5 (7), 2008: 297-306.

Legislation

Law Number 32 of 2009 concerning Environmental Protection and Management

Law of the Republic of Indonesia Number 27 of 2007 concerning Management of Coastal Areas and Small Islands

Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia number 11 of 2021 concerning procedures for preparing, reviewing, revising, and issuing approval for the substance of provincial, regency, city spatial plans and detailed spatial plans

Regulation of the Minister of Environment of the Republic of Indonesia number 02 of 2013 concerning guidelines for implementing sanctions.

Data

Monitoring results in the form of documentation and photos at the Silver Road location, Semayap Village.

Map of forest areas based on the Minister of Forestry's Decree No. 435 of 2009 regarding the Establishment of South Kalimantan Province Forest Area in North PL. & Sigam, Kotabaru Regency.

Coastal image map of Pulau Laut Sigam and Pulau Laut Utara Subdistricts obtained from the Kotabaru Regency Public Works and Housing Department.

Kotabaru RTRWK map obtained from the Kotabaru Regency Public Works and Housing Department.

Internet Access

Alamendah, 9 March 2010, Deforestation In Indonesia, https://alamendah.org/2010/03/09/kerusakan-hutan-deforestasi-di-indonesia/.

Andi Fachrizal, 22 October 2012, Three Siblings Grasp the Forest of Kubu Raya (Part 1), https://www.mongabay.co.id/2012/10/22/tiga-saudara-mencengkeram-rimba-kubu-raya-bagian-1/.

Denny Susanto, 9 February 2021, Tens of Thousands of Hectares of Mangrove Areas in South Kalimantan Are Damaged, https://www.medcom.id/nasional/daerah/yKXDWd6K-puluhan-ribu-hektare-kawasan-mangrove-di-kalsel-rusak.

Epaper (Media Indonesia), 7 June 2023, One-Quarter of Mangrove Forests in South Kalimantan are Damaged, https://epaper.mediaindonesia.com/detail/seperempat-hutan-mangrove-di-kalsel-sudah-rusak.

Mabruri Pubyas Salim, 30 September 2023, What Happens When the Mangrove Forest is Damaged? Understand Conservation Efforts, https://www.liputan6.com/hot/read/5410852/apa-yang-terjadi-jika-hutan-bakau-rusak-pahami-upaya-pelestariannya?page=4.

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Published

2023-10-09

How to Cite

Kity, K. T., Muhammad Erham Amin, Ahmad Syaufi, & Mispansyah. (2023). Problems of Mangrove Forest Deporestation with the Status of Other User Areas for the Development of Residential Areas and Pond Activities in Kotabaru Regency From A Criminal Perspective. International Journal of Law, Environment, and Natural Resources, 3(2), 213–231. https://doi.org/10.51749/injurlens.v3i2.79