Liability for forest and land fires in Indonesia after the Job Creation Law and Supreme Court Regulation N0. 1 of 2023

National law, international law, and human rights perspectives

Abstract

Forest and land fires in Indonesia again sent haze across borders in August–September 2026, prompting Malaysia to declare an emergency in Sarawak. This article examines corporate liability for the fires after the Job Creation Law and Supreme Court Regulation (Perma) No. 1 of 2023, Indonesia’s responsibility for transboundary haze under the no-harm principle, and the state’s human rights obligations toward affected communities. Using normative legal research with statute, case, and conceptual approaches, it analyses the Environmental Law, Article 49 of the Forestry Law, Perma 1/2023, and the civil judgments against PT Kallista Alam, PT National Sago Prima, PT Jatim Jaya Perkasa, and PT Waringin Agro Jaya. The study finds that strict liability survives the Job Creation Law, because the Elucidation of Article 88 still defines it as liability without proof of fault, while Article 38(5) of Perma 1/2023 supplies criteria under which peatland clearing and drainage qualify as a serious threat. Article 49 of the Forestry Law retains concession holders’ responsibility for fires while adding a duty of prevention; the real weakness is execution, as most judgments remain unenforced. Internationally, the 2025 ICJ Advisory Opinion confirms that the ASEAN haze agreement does not displace the customary due diligence standard, which Indonesia has not met. Under Article 1(6) of the Human Rights Law and Article 28I(4) of the Constitution, recurring fires constitute violations by omission. The study recommends restoring an explicit no-fault clause, securing execution through attachment and a restoration fund, and giving the ASEAN haze centre a compliance mandate.