Corporate Criminal Responsibility In Cases Of Wildfires As The Legal Protection For Public ( A Study In Central Kalimantan Province )

Wildfires, caused by degradation and deforestation in one decade and done by corporation who has legality in forest management, has destroyed woodland and made many losses in all aspects. In the economic development, almost all national development sources come from the management of natural resources of forest areas in Indonesia. In the 1945 constitution chapter XIV, article 33, paragraph 3, it is stated that “The land, the waters, and the natural riches comtained therein shall be controlled by the state and exploited to the geratest benefit of the people”. In fact, the weaknesses of law enforcement in forestry and environment make the transgression and deforestation keep on going.


Introduction
The valuable of woodland as breadwinner of national economic development makes the government has to be carefully and be wise in considering of policy-making because it can impact public prosperity. According to the writer, this concept is in accordance with law sovereignty that should be put successively with public sovereignty. The synthesis both of the sovereignties are known as constitutional state based on public democracy (democratischerechstaat) or democracy based on law (constitutionaldemocracy). As in act 1945, article 1 (2) and (3) that Indonesia is one of the state that implements Constitutional democracy. 1 Koesnardi Hardjasoemantri states that basic rule of Indonesia's development and environment protection has been written in paragraph (4) four of the 1945 preaambleThen, the detail of this basic rule is spelled out in the 1945 constituante, article 33 (3), where according to him, this rule gives "authority rights" to State for all Indonesia's natural resources and gives "obligation for state" in shall be used to the greatest benefit of the people. 2 of natural resources that affect of the state and public utilities, it should be authorized by State and done by government where people have chance to use the greatest benefit of natural resources with extently, welfare situation and general prosperious of fairly and evenly. 3 The Forestry Act Number 41 of 1999 was made as the government law politic product for forest management, preserving, and protecting as long as forest provides various benefits for human beings thereby requiring us to be grateful, manage, and utilize the same optimally and maintance the preservation. Therefore, two questions appealed in this paper; first, why does the implementation of criminal responsibility to the corparate in case of wildfires has not been applied yet?, second, how does corporate criminal responsibility in cases of wildfires in the perspective of legal protection for society ?

National Development
The standard of national development policy is not overruling special function of woodland as a buffer of public life and their prosperity where it can not be implemented well without public prosperity. 4 It means that woodland has important and strategic role for national development and buffer system of public life and prosperity. The Act Number 32 year 2009 about environment protection and management was made based on the quality of environment that getting worse have been treated human life continuity and the other creature, therefore, all stakeholders are needed to protect and manage the environment seriously and consistently.
The impact of wildfires is the global warming will be more seriously and affects climate changes, thereby make the quality of environment getting worse. So, the protection and management of environment must be implemented.

Economic Crime
The economic crime concerning with environmental that is focused on wildfires crime can be seen from degradation and deforestation in the woodland that done by corporation who has legality in the forest management. However in the implementation, those corporate takes action to the exclusion of forest area management which must concern to the sustainable development of environmentally friendly.
The impact of the conversion of natural resources, such as forest is becoming extractive industries, one of them is wildfire due to the government's unresponsiveness in the prevention and taking action of wildfire. So that the minimum sanctions given to the criminal corporate cannot give a deterrent effect to prevent wildfire in its concession area.
The govermnet has done many ways as issuing the act that regulates the sanction for the wildfire doer and also forming institution for haze disaster happens. However, all efforts are useless. Wildfires cases happened continuously in the year 1997-1998, in 23 provinces (from 27 provinces in Indonesia on that year) in almost 10 million Hectare, shows that most wilfires areas were in the area of the company concession and allotment for plantation activity.
At that time almost ASEAN region was affected and Indonesia received serious warning from neighboring countries. 6 As a result of the government's unseriousness within a decade to catch up the main criminals in the case of wildfires, involve many corporations, that event reocurred in 2015. Thus, one of the most horrible wildfires in history. The economic impact is estimated to reach more than 15 billion US dollars or equivalent to 196 trillion rupiah. 7 Result And Discussion

Law Enforcement of Wildfires
This inequality is influenced by our law enforcement, downward and blunt law enforcement. The economic interests as well as the interference of political power is becoming its sanctions executed to the companies is far from the sense of justice. 6 Isharyanto, Kebakaran Hutan di Indonesia dan Penegakan Hukumnya, accessed http://isharyanto.wordpress.com/derap-ekonomi-publik/kebakaran-hutan-di-indonesia-dan-penegakanhukumnya/, on 10 july 2016 Basically, everyone is equal in the law position as stated in the act 1945 in Article 27 paragraph (1): " All citizens have equal status before the law and in goverment and shall abide by the law and the goverment without any axception".
Commonly, the use of criminal law or its involvemnet in economic life is equal with the understanding of legal performance. Satjipto Rahardjo identified legal performance into two law functions; namely a means of social control and social engineering. 8 It is seen, This following data shows that prosecution and verdict which round up corporation in wildfire is weak. The report of Ministry of Environment and Forestry 2016 is as follow. 2009 about the protection and management of environment. Therefore, it is not necessary to prove mistake, showing the cause of that problem is enough to be suit basic.
One of the most crucial problems is the difficulty to prove the responsibility of criminal corporation cases to complete criminal offense for outraged corporation. The law enforcer still believes to the principle that there are no cases without legal faults which is used as the penal code in Indonesian. 11 This limitation as the example is 12 ; to regulate the existence of a criminal act done by the corporation, it can not be viewed as in common crime, since criminal corporation mostly is part of the white collar crime. 13 Criminal responsibility is also spreaded out given to whom giving instruction or the chief of institution for the crime he/she does not commit (fysieke daderschaps). This principle gives more opportunity to apply geen straf zonder schuld because the fault of the chief or corporation members will be judged as the corporation fault. 14 According to Wolter, this theory is judge interpretation which the judge interprets members and/or corporation to accede society requirements. 15

Suggestion
The

LEGAL STANDING
Vol. damages nation's economy, the criminal law must be implemented to punish, it is a "primum remedium". Eventhogh, in law enforcement, it is very rare to face perpetrators of crime with power and greedy ("corporate crime" is included into that crime), compared with blue collar crime (stealing, robbery, etc).
The writer suggests the urgency of applying the doctrine of Strick Liability and Vicarious Liabiliti. The corporate criminal responsibility in the case of wildfires and the implementation of primum remedium in enforcing environmental laws to provide legal and justice protection for wildfires victims in order to create a prosperous society blessed by Allah SWT.