CD Skripsi

Penerapan Hukum Adat Terhadap Pelaku Kebakaran Hutan Adat Pada Masyarakat Hukum Adat Di Kuntodarussalam Kabupaten Rokan Hulu

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ABSTRACT
Forest fires constitute one of the most frequent environmental issues and, on a large scale, represent a major cause of forest degradation, with proven impacts resulting in significant economic, ecological, and social losses. The high incidence of forest fires in Indonesia particularly in Riau Province can be attributed to the weakness of existing legislation and its enforcement, as well as the suboptimal functioning of institutional mechanisms responsible for forest fire management. An in-depth examination of local wisdom in forest fire prevention is crucial in order to minimize the risk of forest and land fires. Such insights may serve as a foundation for broader application across other regions. In terms of legal consequences, sanctions are initially implemented through mechanisms rooted in local wisdom. However, government-imposed sanctions have become increasingly strict, including the imposition of severe criminal penalties. Although criminal law is theoretically positioned as an ultimum remedium in environmental law enforcement, it has increasingly assumed the role of a primum remedium, as it is considered the most effective measure for deterring environmental degradation. The necessity of employing criminal sanctions as a primum remedium arises from the limitations observed when such sanctions are treated merely as a supplementary or last-resort solution in addressing environmental pollution cases. In Kuntodarussalam, the implementation of customary law sanctions reflects a community-based approach in which indigenous peoples are subject to specific behavioral limitations, with decisions rooted in traditional norms and consensus.
Sociological research is conducted through direct observation and field investigation at the research site. In this study, the researcher examines the role of traditional leaders in addressing the destruction of customary forests and protected forests caused by land clearing practices often involving burning and driven by the greed of both local communities and corporate entities which have led to environmental degradation in Kuntodarussalam, Rokan Hulu Regency.
The findings of this research reveal that the application of customary law in Kuntodarussalam continues to be an integral part of the daily lives of the indigenous legal community. Once the amount of material compensation is determined, the offender is required to provide a communal meal for the entire village, with the ceremonial process held at the traditional hall. The customary sanctions imposed must strictly conform to existing norms and customary law any addition or escalation of the penalties beyond the agreed-upon rules is not permitted. These sanctions are determined based on the outcome of communal deliberation. The purpose of these sanctions is not to shame the offender, but rather to serve as a deterrent. The sanctions imposed consist of customary fines and customary criminal penalties. Fines may take the form of monetary payment or material goods, while customary criminal sanctions may involve psychological suffering, such as social ostracism or exclusion from the indigenous community. All of these sanctions are designed to serve a preventive function, ensuring that similar violations of customary law do not occur in the future.
Keywords: Customary Forest, Customary Sanctions, Customary Law, Indigenous Peoples.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809110066

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM ADAT., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809110066

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

Hukum adat

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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