Legal Aspects of Land Burning for Agricultural Land Clearing as A Form of Local Wisdom in Certain Areas

Indonesia is an agricultural country where the majority of the population makes their living as farmers. This cannot be separated from Indonesia's geographical conditions, where most of its income comes from natural resources, including forest products, mining, and others. One of the state's goals is to create a just and prosperous society, as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia, second paragraph. Article 27, paragraph (2) of the 1945 Constitution asserts that "Every citizen has the right to work and to a livelihood that is decent for humanity." The largest informal employment sector is agriculture, which heavily depends on the availability of agricultural land. Currently, agricultural land is decreasing due to large-scale plantation enterprises occupying thousands of hectares. Traditional farmers in certain areas, particularly in South Kalimantan, still use the shifting cultivation method for land clearing, which involves cutting down shrubs, burning it after it was dry, clearing the land, and planting it with secondary crops. This method has been passed down from their ancestors. According to Law Number 32 of 2009 on Environmental Protection and Management, as amended by Law Number 6 of 2023 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2022 on Job Creation, article 69, paragraph (1), letter h, prohibits land clearing by burning. However, paragraph (2) states that the provision referred to in paragraph (1), letter h, is exempted for communities who conduct such activities by seriously considering local wisdom in their respective areas. Meanwhile, Law Number 41 of 1999 on Forestry, Article 50, paragraph (1), letter d, also prohibits land burning, with penalties of up to 15 years imprisonment and fines of up to Rp. 5,000,000,000 (five billion rupiah), as stipulated in Article 78, paragraph (3). Based on this background, the purpose of this research is to reveal how legal protection is for farmers who clear agricultural land in forest areas by burning the land as a form of their local wisdom. To analyze this issue, the researcher employs normative legal research methods with legislative and literature approaches by reviewing and analyzing relevant legislation. The research findings indicate that although the Law Number 32 of 2009 on Environmental Protection and Management stipulates a prohibition on land burning with consideration for local wisdom, farmers who clear land by burning have not yet received legal protection.