Imposing Criminal Liability on Government officials for Haze in South Kalimantan, Indonesia

The background of this research is based on the Haze that happens almost every year in South Kalimantan. Society are questioning the Government's Responsibility of this annual disaster in South Kalimantan. The purpose of this research is to analyze the reasons underlying the possibility to Impose Criminal Liability for Haze in South Kalimantan to the Government Officials, and to describe the form of criminal liability of the Government as environmental policy stakeholders on haze in South Kalimantan. This research is a normative legal research using statute approach and conceptual approach. The results of this study are: First, as a legal/law subject, the Government of South Kalimantan Province also has rights and obligations. Therefore, the Government is classified as a legal/law subject that can also be asked for its criminal liability. In addition, the negligence of the Government in South Kalimantan related to Haze could be criminalized based on the criminalization theory. Second, according to the Act Number 32/2009 on the Environmental Protection and Management, it has not been regulated about criminal sanction for the negligent government which resulted a repeated environmental pollution that harms the society. Thus, if then formulated in the Act Number 32/2009 on Environmental Protection and Management, then a criminal act that can be imposed is a material crime committed by the Government in the form of an impure passive criminal action with imprisonment and fine as sanction.