ACHIEVEMENT OF COMMUNITY EQUITIES IN AGRARIAN AREA MANAGEMENT IMPACTS ON THE ENVIRONMENT: A CRITICAL OVERVIEW OF LAND COMBUSTION

Abstract

The pattern of agriculture carried out by the Indonesian people varies, most of them use fixed to land, and some use the concept of shifting land. Not infrequently, the local wisdom of the community in managing agricultural land is by burning, and this is to minimize the use of pesticides on soil fertility. This study aims to determine the rights of the community in managing agricultural land and the legal consequences of land management that have an impact on the environment. This study uses a normative-sociological method, analyzes applicable legal products such as (Agri-culture Law, Environmental Law and the Criminal Code) then synchronized with several court decisions to produce a description. The study results show that the law provides space for the community, according to local wisdom, to open and manage agricultural land by burning. However, the law limits the land area that can burn to a maximum of 2 (two) hectares per family head. Some cases of land burning were found by the court guilty because the fire spread beyond the maximum limit; some hit agricultural land and endangered other people’s land.