Reconstruction of the Legal Policy Model Using the Multidoor Approach to Prevent Land Burning

Abstract

This research aims to find an effective legal policy model for handling the criminal case of plantation land opening by fire, especially those carried out by corporations in Indonesia. Criminal law enforcement in these cases is not yet fully integrated. Thus, it requires the multidoor approach. The multidoor approach utilizes several criminal provisions to maximize all constitutional potentials and minimize failures starting from the investigation, prosecution, and punishment stages. This research was carried out by analyzing relevant legal principles, doctrines, rules, and norms. The constitution and courtly decisions were the main primary legal materials. This research shows that most plantation burning cases are not yet processed using the multidoor approach. Most of the prosecution’s indictments are prepared alternatively. They exclude the possibility of the cumulative application of other crimes as concurrent criminal acts (concursus). Based on the results, it was found that the multidoor approach needs to be reconstructed by strengthening the secretariat and the standard operating procedures in applying the multidoor approach that binds all law enforcement agencies. This crime has been classified as an environmental crime in the law, and it applies the premium remedium principle. The imposition of corporate criminal liability must be carried out maximally to prevent repeating the criminal acts that still frequently occur.