Penerapan Sanksi Pidana Terkait Kejahatan Illegal Logging (Studi Putusan Nomor 39/Pid.Sus/2015/PN.Stb)

Abstract

Along with the development of modern society in the face of globalization and the process of industrialization and modernization will foster changes in social processes in the life of the community. Forests are a very important resource not only as a timber resource, but rather as one component of the environment. The formulation of the problem, namely: 1) How is the legal arrangement of illegal logging in forest area ?, 2) How to apply criminal sanction related to illegal logging crime ?, 3) How to analyze Decision of District Court Number 391 / Pid.Sus / 2015 / PN.Stb? The method used in this study is normative legal research that is research that refers to the norms and legal principles contained in the laws and regulations of the Republic of Indonesia police. The reason is based on the dynamic relationship paradigm between theory, concepts and data which is a constant feedback or modification of theories and concepts based on data collected. The result of the research is the legal arrangement of national forest area has been very much regulated. The legal arrangement of illegal logging in forest area is regulated in Law Number 19 Year 2004 concerning forestry giving arrangement about protection of forest natural resources with criminal provisions will be given sanction. Implementation of sanction of illegal logging crime in Forestry Law is very clearly regulated in Article 78 paragraph (1) the application of sanction in the form of imprisonment (Article 12 Paragraph (1) of the Criminal Code). The analysis of the decision of the court of the court number 391/Pid.Sus /2015/PN.Stb which in the decision of the indictment of public prosecutors, witnesses, judges considerations, evidence, and decisions are in accordance with applicable laws and regulations in Indonesia. Article 83 paragraph (1) letter b Jo. Article 12 letter e, and Article 78 paragraph (1). RI Law no. 18 Year 2013 on the Prevention and Eradication of Forest Destruction Jo Article 55 paragraph (1) to- 1 Criminal Code has been fulfilled. The Government of the Republic of Indonesia in making the law on the regulation of illegal logging in each of the Articles should be reinforced and sharpened again in order to use in the law or regulation as a guide for law enforcement going forward. The Government of the Republic of Indonesia needs to emphasize in detail in the Laws in each of the Articles on the application of sanctions for criminal acts of illegal logging. The Government of the Republic of Indonesia, especially the District Court in taking a decision specifically the illegal logging crime, the need for prudential principles in taking a decision.