State Responsibility in Forest and Land Fire Management under Constitutional Environmental Rights and Environmental Protection Law

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FORMOSA NEWS - Jakarta - State Responsibility Is Mandatory in Forest Fire Management to Guarantee Constitutional Environmental Rights. State responsibility in managing recurring forest and land fires represents a mandatory constitutional obligation rather than a discretionary policy option. A legal study published in September 2026 by researchers Rahmad Satria, Sigit Sugiardi, and Donna Youlla from Universitas Panca Bhakti in Indonesia examines government obligations under Article 28H Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and Law Number 32 of 2009 concerning Environmental Protection and Management. Published in the Formosa Journal of Applied Sciences, the research demonstrates that state institutions must establish active, preventive environmental governance to guarantee every citizen's constitutional right to a clean and healthy environment.

Background: Environmental Degradation and Governance Challenges

Recurring forest and land fires (locally known as karhutla) remain a persistent environmental challenge in Indonesia, destroying natural ecosystems while causing severe human health problems and economic losses. At the regional level, seasonal forest fires generate transboundary haze pollution across Southeast Asia, elevating national environmental management into an international responsibility. Historically, state responses to forest fires have leaned toward reactive measures—focusing on firefighting operations after fires ignite or enforcing criminal penalties after ecological damage occurs. However, legal frameworks such as Article 28H Paragraph (1) of the 1945 Constitution recognize environmental protection as a fundamental human right. Furthermore, international frameworks, including the ASEAN Agreement on Transboundary Haze Pollution and United Nations General Assembly Resolution A/RES/76/300, reinforce the legal requirement for states to exercise due diligence through preventive governance rather than delayed disaster response.

Research Methodology
The research team at Universitas Panca Bhakti employed a normative juridical research design utilizing qualitative legal analysis. The authors applied statutory and conceptual approaches to evaluate the legal consistency between constitutional guarantees and government administrative obligations. Data collection involved systematic document analysis of primary legal instruments, including the 1945 Constitution of the Republic of Indonesia, Law Number 32 of 2009, Government Regulation Number 22 of 2021, and international legal resolutions. These primary materials were analyzed alongside secondary legal literature, scientific journal articles, and theoretical frameworks concerning state responsibility, environmental justice, and collaborative governance.

Key Research Findings
The study establishes five core findings regarding state responsibility and forest fire management:

• Constitutional Guarantee of Environmental Rights: Article 28H Paragraph (1) of the 1945 Constitution establishes that access to a good and healthy environment is a fundamental constitutional right. Consequently, environmental protection is a primary legal duty of the government.
  
• Rights-Based Environmental Governance: Managing forest fires must shift from emergency disaster management to a rights-based framework. Inadequate state prevention mechanisms directly compromise citizens' constitutional protections.
  
• Implementation of the Preventive Principle: Under Law Number 32 of 2009, government responsibility begins before fires start. State duties require implementing satellite hotspot tracking, early warning systems, land supervision, and rapid response units.
  
• Environmental Justice and Local Wisdom: Blaming traditional farmers for forest fires creates an incomplete legal assessment. While Article 69 Paragraph (1) Letter h of Law Number 32 of 2009 prohibits land clearing by burning, Paragraph (2) explicitly recognizes local wisdom, such as traditional land clearing restricted to two hectares with firebreaks. The government is legally obligated to provide technical guidance, fire prevention infrastructure, and sustainable agricultural alternatives.
  
• Collaborative Institutional Accountability: Effective governance requires institutional coordination, transparent communication, and technological integration across central and regional government bodies, local communities, and the private sector.
  

Implications and Real-World Impact
The findings from Universitas Panca Bhakti provide practical guidance for public policy, law enforcement, and environmental governance. For policymakers, the study demonstrates that state performance must be evaluated based on preventive capacity and regulatory supervision over land concessions, rather than fire suppression metrics alone. For industry and commercial landholders, the study emphasizes strict adherence to environmental compliance laws and corporate accountability. For society and academic institutions, the research reinforces the legal standing of citizens to demand proactive state action in safeguarding clean air and ecological health.

Author Profile
Rahmad Satria, S.H., M.H. — Lead Author, Lecturer and Legal Researcher at Universitas Panca Bhakti, specializing in Constitutional Law, Environmental Law, and Human Rights Protection.
Sigit Sugiardi, S.H., M.H. — Co-Author, Senior Academic in the Faculty of Law at Universitas Panca Bhakti, focusing on Normative Juridical Studies and Administrative Law.
Donna Youlla, S.H., M.H. — Co-Author, Academic and Legal Scholar at Universitas Panca Bhakti, specializing in Environmental Protection Law and Public Governance.

Source
Rahmad Satria, Sigit Sugiardi, Donna Youlla. State Responsibility in Forest and Land Fire Management under Environmental Rights and Environmental Protection Law. Formosa Journal of Applied Sciences (FJAS), Volume 5, Nomor 9, Tahun 2026, Halaman 1977-1996
DOI: https://doi.org/10.55927/fjas.v5i9.123
URL Resmi: https://journalfjas.my.id/index.php/fjas