PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENEBANGAN POHON KARET TANPA IZIN DI HUTAN TANAMAN INDUSTRI (STUDI KASUS :NO.50/PID.SUS/2015/PN.PNN)

Abstract

ABSTRACT

Tree felling without permission in industrial timber plantations by the authorized or legal proxies is regulated in Article 82 paragraph (1) letter e of Law Number 18 Year 2013 concerning Prevention and Eradication of Forest Destruction Jo. Article 55 paragraph (1), a criminal offense that occurred in the decision Number: 50 / PID.SUS / 2015 / PN.PNN the defendant committed the criminal act of cutting down rubber trees without permission in industrial plantations, the formulation of the problem: 1. How is criminal liability against the perpetrators logging of rubber trees without permission in the forest estate in Case Number: 50 / pid.sus / 2015 / pn.pnn? 2. How is the judge's consideration in issuing a verdict against the perpetrators of cutting down rubber trees without a permit in industrial plantations in Case Number.50 / pid.sus / 2015 / pn.pnn? This study used a normative legal approach. Sources of data used secondary data consisting of primary, secondary, and tertiary. The data was collected by documentary study andanalized qualitatively. The results showed: (1) The defendant was dropped Article 82 paragraph (1) letter e of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction Jo. Article 55 paragraph (1) KUHP-1 with a sentence of 1 year 2 months a fine of Rp.500,000,000 defendant II 8 months a fine of Rp.500,000,000. (2) Judge's considerations, decisions that have been determined by judges are considered first with juridical and non-juridical considerations.

     Keyword : Liability, logging, tree, permission