The protection of the community as the holder of the right to a good environment
is part of Human Rights (HAM). However, in practice, this protection has not
been maximized, especially in terms of law enforcement. Regulations related to
environmental protection have been stipulated in Law Number 32 of 2009
concerning Environmental Protection and Management (UUPPLH). However,
environmental pollution, including that caused by forest fires, has not been
categorized as a human rights violation under Law Number 39 of 1999
concerning Human Rights (UU HAM), making it ineligible for prosecution
through human rights courts. This research employs a normative legal research
method using a statute approach and a conceptual approach. The study aims to
analyze the extent to which community protection against air pollution caused
by forest fires has been implemented as part of human rights. The findings
indicate that despite various regulations and related institutions such as the
Environmental Management Agency (BPLH), the National Commission on
Human Rights (Komnas HAM), and Non-Governmental Organizations (NGOs),
law enforcement regarding the right to a clean environment remains weak. One
of the main factors is the absence of a specialized institution handling
environmental pollution cases as human rights violations, as well as the lack of
synchronization between UUPPLH and UU HAM. Therefore, amendments to
UUPPLH and UU HAM are necessary to recognize environmental pollution,
including forest fires, as human rights violations. Additionally, the government
should consider introducing ecocide as a serious crime and establish a
specialized institution responsible for handling environmental pollution cases to
strengthen law enforcement and create a deterrent effect on environmental offenders.