Penegakan Hukum Solusi Atasi Titik Api

Berita terkait hasil FGD “Solusi Titik Api” (selasa 3 november 2015).

Dari temuan itu dapat ditarik benang merah bagaimana kesadaran narasumber mengenai perlunya kehadiran negara, khususnya yang terkait dengan penegakan hukum di dalam pemicu kebakaran hutan. Penegakan hukum yang dimaksud berupa perlunya peraturan yang komprehensif terhadap penanganan hutan dan lingkungan hidup hingga kesadaran aparat hukum terhadap aturan kehutanan.

Gubernur Sumatra Selatan Alex Noerdin (kiri) dan Pit Gubernur Jambi Irman menjadi pembicara dalam diskusi kelompok terfokus yang bertema Solusi Titik Api di Gedung Media Group, Kedoya, Jakarta kemarin.
Gubernur Sumatra Selatan Alex Noerdin (kiri) dan Pit Gubernur Jambi Irman menjadi pembicara dalam diskusi kelompok terfokus yang bertema Solusi Titik Api di Gedung Media Group, Kedoya, Jakarta kemarin.

Untuk solusinya, peserta memberikan solusi jangka pendek dan jangka panjang. Untuk jangka pendek, mayoritas narasumber meminta pemerintah memoratorium izin pengelolaan lahan gambut (15,1%) dan pentingnya early warning system (12,9%). Adapun untuk jangka panjang, 13,8% narasumber memandang pentingnya pemberantasan mafia hukum dan moratorium pemberian izin pengelolaan lahan gambut (13,5%).

Bahkan, bila diperluas, mayoritas narasumber memandang pentingnya variabel hukum–terdiri dari pemberantasan mafia hukum, moratorium pemberian izin pengolahan lahan gambut, pemberian sanksi kepada industri pengguna lahan bakar, dan pembakaran hutan dijadikan sebagai kejahatan luar biasa–yang mencapai 50,3%.

Secara regulasi, sejumlah narasumber FGD memandang peraturan perundangan yang ada sudah memadai. Yang kurang adalah implementasi. Selain itu, persoalan perundangan di sektor kehutanan yang masih kontradiksi mengenai celah dalam larangan pembakaran lahan.

Gubernur Sumatra Selatan Alex Noerdin menggambarkan kehadiran negara sebagai sebuah ketegasan. Dia akan menerbitkan peraturan gubernur yang melarang pembakaran hutan dan lahan, termasuk terhadap masyarakat tradisional.

Alex tak memungkiri masyarakat tradisional kerap mendapatkan keuntungan finansial dari pembakaran hutan dan lahan. Karena itu, dia akan menyiapkan kompensasi seperti kemudahan pengolahan lahan tanpa pembakaran, bibit, penyuluhan, pupuk, hingga kredit.

Segendang sepenarian dengan Alex, pelaksana tugas Gubernur Jambi Irman menegaskan perlunya solusi bagi masyarakat yang mendapatkan kerugian bila payung hukum yang melindungi pembakaran lahan dicabut. “Misalnya, pemberian pestisida untuk mematikan semak dan belukar, benih serta pendampingan bagi para petani.

“Direktur Eksekutif Biro Konsultasi Hukum dan Kebijakan Kehutanan Sadino menilai perangkat hukum yang ada sudah memadai, yang diperlukan tinggal implementasi. “Pemahaman oleh aparat tentang penegakan hukum pidana pembakaran hutan perlu ditingkatkan,” ujar dia.

Sadino mengakui, ada kesulitan dalam upaya pembuktian penerapan instrumen hukum. Penegakan hukum harus dijalankan bagi pihak-pihak yang dengan sengaja membakar lahan, tapi tidak mudah pembuktian unsur kesengajaan dalam pembakaran hutan. Ia mengungkapkan, perlu ada perbaikan terhadap UU 32 Tahun 2009 khususnya di bagian penjelasan Pasal 69 ayat (2). Karena, menurut dia, penjelasan ayat itu justru menjadi celah dalam praktik pembakaran lahan.

Anggota Dewan Perwakilan Daerah (DPD) Abdul Gafar Usman mengatakan implementasi regulasi terkait pengelolaan hutan dan lahan belum efektif. Untuk itu, perlu ada evaluasi terhadap peraturan. Bila pemerintah dan DPR menyepakati untuk menghapuskan Pasal 69 ayat (2), harus ada kompensasi yang diterima masyarakat.

Dalam bagian lain, Manajer Kampanye Eknas Wahana Lingkungan Hidup Indonesia (Walhi) Kurniawan Sabar mengingatkan kebakaran hutan dan lahan di Tanah Air telah berlangsung selama puluhan tahun dan dilakukan secara masif dan sistematis. Penegakan hukum harus menjadi prioritas untuk memastikan aktor pembakar hutan bisa mendapatkan sanksi, baik sanksi administrasi, pidana, maupun pemulihan lingkungan.

Direktur Eksekutif Asosiasi Pulp dan Kertas Indonesia (APKI) Liana Bratasida menepis anggapan bahwa korporasi lebih banyak diuntungkan dalam pembakaran hutan. “Bodoh kalau kami membakar lahan. Industri pulp dan kertas itu bahan bakunya sangat tergantung dengan hutan tanaman industri. Malah sekarang kami yang waswas dengan keberlanjutan produksi,” tutur Liana.

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