PERTANGGUNGJAWABAN PIDANA BAGI PELAKU KEBAKARAN HUTAN (STUDI KASUS NOMOR 305/Pid.B/LH/2023/PN KRS.)

In Indonesia, forest fire cases often occur due to human negligence and natural conditions that support the spread of fire. This study analyzes criminal liability in forest fire cases with a focus on case number 305/Pid.B/LH/2023/PN KRS. The forest fire case that occurred at Teletubbies Hill, Bromo Tengger Semeru National Park, was caused by the negligence of the defendant Andrie Wibowo Eka Wardhana in using flares during a prewedding photo session. The purpose of the research is to understand the concept of criminal liability under Indonesian law and evaluate the judge's consideration in this case. This research uses a normative method with statutory, conceptual, and case study approaches. The analysis was conducted in a qualitative-descriptive manner to understand the relationship between criminal law theory and its application to the case under study. The results showed that the judge's consideration based on the principles of mens rea and actus reus had fulfilled the elements of the relevant criminal offense. The defendant, a wedding organizer, was found guilty of negligence that caused the fire. However, this study highlights the need to extend criminal liability to other parties involved, such as the bride-to-be and the officiant, to create comprehensive justice.
Keywords: Criminal law, criminal liability, forest fire, legal justice, negligence.