KONFLIK NORMA KETENTUAN PIDANA PEMBAKARAN HUTAN DAN LAHAN DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

This research examines the normative conflict in the criminal regulation of forest and land burning in Indonesia, as governed by three sectoral laws: Law No. 41 of 1999 on Forestry, Law No. 39 of 2014 on Plantations, and Law No. 32 of 2009 on Environmental Protection and Management. The legal issue addressed is the disharmony of criminal norms regulating both prohibition and exceptions to land burning, particularly concerning local wisdom. The research question is: why does normative conflict occur in the criminal regulation of forest burning among these laws? The objective is to analyze the legal framework of forest and land burning and identify the legal consequences of the normative conflict. This study employs a normative juridical method with historical and conceptual approaches. The findings reveal that the inconsistency among legal norms creates loopholes that allow perpetrators to evade criminal sanctions, undermining legal certainty and the effectiveness of environmental law enforcement. The summary emphasizes the need for regulatory harmonization and clearer boundaries for local wisdom exceptions. Recommendations include establishing cross-referenced norms between laws, revising ambiguous provisions, and involving multiple stakeholders in the legislative process to ensure a holistic and applicable legal framework.