PENERAPAN KETENTUAN AMBANG BATAS BAKU MUTU LINGKUNGAN UDARA DALAM PEMBUKTIAN TINDAK PIDANA LINGKUNGAN AKIBAT KEBAKARAN HUTAN BERDASARKAN UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

Abstract

To determine the damage criteria and criteria for exceeding environmental
quality standards, an expert who indeed controls the field of environmental damage is
required. Not only experts but conclusions for damage and exceeding quality standards
must also be proven by accredited laboratory tests. The research entitled "Application of
Air Environmental Quality Standard Threshold Provisions in Proving Environmental
Crimes Due to Forest Fires Based on Law Number 32 of 2009 concerning Environmental
Protection and Management", has a formulation of the problem of how to apply the
provisions for the threshold of air quality standards in proof criminal offenses due to
forest fires, and what is the strength of evidence by expert witnesses in environmental
crimes due to forest fires from laboratories that are not accredited.
The purpose of this thesis is: first, to find out the application of the provisions of
the threshold of air quality quality standards in proving forest crime. Second, to
determine the strength of proof of environmental crime due to forest fires from
laboratories that are not accredited.
This type of research is normative legal research or can be referred to as
doctrinal legal research. From the results of the problem research there are two main
things which are concluded, first, in the case of proof of environmental crime due to
forest fires, it is closely related to scientific procedures according to legal conditions. The
means that can be used to determine the excess of quality standards are laboratories.
One important aspect that can affect the effectiveness and efficiency of whether or not
environmental management in a country or region is whether or not a laboratory is
available, in this case an environmental laboratory that is capable of delivering valid and
relible, irrefutable, scientifically and legally accountable data. Secondly, evidence of
expert testimony does not have a binding and decisive value of proof power. The value of
the power of proof of expert testimony is the same as the value of the evidentiary power
inherent in the evidence evidence of the witness or the defendant. Therefore, the value of
the evidentiary power attached to the evidence of expert testimony must be supported by
other evidence.