PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENEBANGAN KAYU OLAHAN DI KAWASAN HUTAN LINDUNG KABUPATEN SOLOK (studi perkara nomor 2/Pid.sus-LH/2017/PN.SLK)

Abstract

ABSTRACT

 

Crime of felling trees in protected forest areas is regulated in Article 12 letter b and Article 82 paragraph (1) letter b of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. Examples of cases in Case Number: 2 / Pid.us-LH / 2017 / PN.SLK judge imposes a sentence of 1 (one) year in prison and a fine of Rp. 500,000,000.00 (five hundred million rupiah) with the provision if the fine is not paid is replaced by a 1 (one) month imprisonment. Issues: (1) What is the application of criminal acts against criminal logging of processed timber in case Number: 2 / Pid. Ss-LH / 2017 / PN. SLK? (2) What is the judge's consideration in passing a verdict on the perpetrator of harvesting processed wood in case number 2 / Pid. Ss-LH / 2017 / PN.SLK? This study uses a normative legal approach. Data sources used are secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques are document studies. Data were analyzed qualitatively. Conclusions of the study: 1) Application of criminal law against criminal logging of processed wood in protected forest areas if viewed from criminal law review includes the role in applying criminal sanctions 2) Judges consider imposing criminal sanctions against perpetrators of processed timber felling judges use judgment according to the prosecutor's indictment general juridical nature, namely the statement of the defendant, expert testimony, testimony of witnesses, evidence and also non-juridical, which prioritizes the defendant's self-improvement.

 

Keywords: Criminal application, logging, processed wood, protected forest