The Absolute Accountability Of The Corporation As The Perpetrators Of Forest And Land Burning Results In Pollution And/or Environmental Damage

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The Absolute Accountability of the Corporation as the Perpetrators of Forest and Land Burning Results in Pollution and/or Environmental Damage

Introduction

The incidence of forest and land fires in Indonesia in recent years has become a clear proof that existing regulations are not sufficient in preventing and cracking down on forest and land fires. This case raises a big question: how should the corporation, as a party often involved in the forest and land fire, be held accountable? One of the answers to this question is the application of absolute responsibility. This concept places the burden of proof of losses that occur due to the forest and land fire to the corporation, regardless of the element of negligence or intentional. This absolute accountability, contained in Article 88 of Law Number 32 Year 2009 and Article 22 (33) of Law Number 11 of 2020, is an important step to encourage corporations to be more responsible in carrying out its activities and preventing forest and land fires.

Criteria and Importance of Implementation of Absolute Accountability

Based on the applicable rules, the criteria for absolute accountability to the corporation in the forest and land fire cases include:

  1. The existence of a causality relationship between corporate activity and environmental damage due to forest and land fires. This means that the corporation must be proven to have caused the forest and land fire, either directly or indirectly.
  2. Proven legally that corporations carry out activities that have the potential to cause forest and land fires. This includes activities such as deforestation, land clearing, and the use of fire for agricultural purposes.
  3. Environmental loss that occurs due to the forest and land fire. This includes loss of biodiversity, soil degradation, and water pollution.

The importance of the application of absolute accountability for the corporation of the forest and land fires lies in several aspects, namely:

Encourage Prevention: With the burden of proof that are borne by the corporation, they will be encouraged to take more optimal prevention steps and minimize the potential for forest and land fires. This includes implementing fire prevention measures, such as creating firebreaks and conducting regular inspections.

Ensure Justice: The application of accountability is absolutely ensuring that victims from environmental damage due to forest and land fires get their rights to get proper compensation. This includes providing financial compensation for losses suffered by individuals and communities affected by the forest and land fire.

Increase Concern: This concept can encourage corporations to care more about the environment and improve their operational standards to prevent forest and forestry in the future. This includes implementing sustainable forest management practices and reducing the use of fire for agricultural purposes.

Solution to Implement Absolute Accountability

Although the absolute concept of accountability has been contained in statutory regulations, its application in the field still faces several obstacles. For this reason, several solutions are needed so that absolute accountability can be applied effectively and thoroughly, including:

  1. Increasing law enforcement capacity: It is necessary to improve the ability and capacity of law enforcement in identifying, gathering evidence, and cracking down on corporations that are proven to have committed violations related to forest and land fires.
  2. Increasing access to information: Important to increase access to information and transparency of data related to corporate activity and potential forest and forest risks. This includes making public records of corporate activities and providing access to information on forest and land fire risks.
  3. Improvement of monitoring and evaluation systems: Comprehensive monitoring and evaluation of corporate performance needs to be carried out in implementing the Forestry Prevention and Management System. This includes regular audits and assessments of corporate activities to ensure compliance with regulations.
  4. Strengthening community participation: Community participation is essential in preventing and mitigating the impacts of forest and land fires. This includes involving local communities in forest management and fire prevention efforts.
  5. Providing education and training: Providing education and training to corporations, communities, and law enforcement agencies on forest and land fire prevention and management is essential in building capacity and promoting a culture of responsibility.

Conclusion

The application of absolute accountability is one effective solution to overcome the problems of forest and land fires and build a healthier and sustainable environment. With the commitment and cooperation of all parties, it is hoped that the application of this concept can have a significant positive impact in efforts to overcome forest and forestry problems in Indonesia. By implementing absolute accountability, corporations will be encouraged to take more responsible actions and minimize the potential for forest and land fires, ultimately leading to a healthier and more sustainable environment for all.
Frequently Asked Questions (FAQs) on Absolute Accountability for Forest and Land Fires

Q: What is absolute accountability in the context of forest and land fires?

A: Absolute accountability refers to the concept of holding corporations responsible for environmental damage caused by forest and land fires, regardless of the element of negligence or intentional. This means that corporations are liable for losses that occur due to forest and land fires, and must prove that they have taken all necessary precautions to prevent such incidents.

Q: What are the criteria for absolute accountability in forest and land fire cases?

A: The criteria for absolute accountability in forest and land fire cases include:

  1. The existence of a causality relationship between corporate activity and environmental damage due to forest and land fires.
  2. Proven legally that corporations carry out activities that have the potential to cause forest and land fires.
  3. Environmental loss that occurs due to the forest and land fire.

Q: Why is absolute accountability important in preventing forest and land fires?

A: Absolute accountability is important in preventing forest and land fires because it encourages corporations to take more responsible actions and minimize the potential for forest and land fires. By holding corporations liable for losses that occur due to forest and land fires, they are incentivized to implement fire prevention measures and take all necessary precautions to prevent such incidents.

Q: How can absolute accountability be implemented effectively?

A: Absolute accountability can be implemented effectively by:

  1. Increasing law enforcement capacity: Improving the ability and capacity of law enforcement in identifying, gathering evidence, and cracking down on corporations that are proven to have committed violations related to forest and land fires.
  2. Increasing access to information: Providing access to information and transparency of data related to corporate activity and potential forest and forest risks.
  3. Improvement of monitoring and evaluation systems: Conducting regular audits and assessments of corporate activities to ensure compliance with regulations.
  4. Strengthening community participation: Involving local communities in forest management and fire prevention efforts.
  5. Providing education and training: Educating corporations, communities, and law enforcement agencies on forest and land fire prevention and management.

Q: What are the benefits of implementing absolute accountability in forest and land fire cases?

A: The benefits of implementing absolute accountability in forest and land fire cases include:

  1. Encouraging prevention: Corporations are incentivized to take more responsible actions and minimize the potential for forest and land fires.
  2. Ensuring justice: Victims of environmental damage due to forest and land fires receive proper compensation.
  3. Increasing concern: Corporations are more likely to care about the environment and improve their operational standards to prevent forest and forestry in the future.

Q: What are the challenges in implementing absolute accountability in forest and land fire cases?

A: The challenges in implementing absolute accountability in forest and land fire cases include:

  1. Lack of capacity: Law enforcement agencies may lack the capacity to identify, gather evidence, and crack down on corporations that are proven to have committed violations related to forest and land fires.
  2. Limited access to information: Corporations may not provide access to information and transparency of data related to corporate activity and potential forest and forest risks.
  3. Inadequate monitoring and evaluation systems: Regular audits and assessments of corporate activities may not be conducted to ensure compliance with regulations.
  4. Limited community participation: Local communities may not be involved in forest management and fire prevention efforts.
  5. Limited education and training: Corporations, communities, and law enforcement agencies may not receive education and training on forest and land fire prevention and management.

Q: What can be done to overcome the challenges in implementing absolute accountability in forest and land fire cases?

A: To overcome the challenges in implementing absolute accountability in forest and land fire cases, the following can be done:

  1. Increase funding: Provide funding to law enforcement agencies to improve their capacity to identify, gather evidence, and crack down on corporations that are proven to have committed violations related to forest and land fires.
  2. Improve access to information: Require corporations to provide access to information and transparency of data related to corporate activity and potential forest and forest risks.
  3. Strengthen monitoring and evaluation systems: Conduct regular audits and assessments of corporate activities to ensure compliance with regulations.
  4. Increase community participation: Involve local communities in forest management and fire prevention efforts.
  5. Provide education and training: Educate corporations, communities, and law enforcement agencies on forest and land fire prevention and management.