Criminal law policy on land functions impacting climate change in Indonesian national law perspective

Abstract

The philosophy of functional transfer of land from wetlands, paddy fields, watersheds, protected forests, coastal and lake reclamation into residential areas in a national perspective, is one of the causes of climate change today. Initially, these places provide a cool, fresh, and clean air for humans being and the environment, but with the transition of the functions of these lands, an unexpected impact arises from the emergence of pollution, climate change that led to the occurrence of global warming. Philosophically, the transition of land functions is prohibited because it affects the human life. Sociologically, human actions that are deliberately destructive to the environment by transforming agrarian lands into residential areas, factories, hotels, and large malls so that previously productive land, turning into polluted lands, must be illegal due to land misuse as opposed to the public interest. Thus, juridical, a regulation that will be highlighted from the criminal law aspects both in the case of criminal acts, criminal liability, and the formulation of the punishment system against any person or legal body proven to commit criminal acts in the case of abuse of land functions, resulting in the change Climate that threatens the safety of mankind. This paper uses a normative juridical approach method with some analysis in the form of legal theories related to the writing of this journal.

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