PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENGRUSAKAN TANAMAN MILIK ORANG LAIN DI ATAS LAHAN SANGKETA (Studi kasus perkara No 139/Pid.B/2014/PN.Bko)

Abstract

ABSTRAK

Damage to other people's belongings is a legal decision regulated in Article 406 of the Indonesian Penal Code. Case Number 139 / Pid.B / 2014 / PN.Bko RS, SN and MA have been proven to have committed the act of destroying someone else's plantthe judge sentences each of them to 3 (three) months in prison. Formulation of the problems are (1) How to include crime against the act of destroying plants on land dispute? (2) How is the judge's consideration in imposing a criminal in the decision Number 139 / Pid.B / 2014 / PN.Bko? This study used research socio-legal approach. Data sourcesused secondary data consistedof primary, secondary and tertiary legal materials. Data collected by study documents. Data were analyzed qualitatively. Conclusions of the result of the study are (1) Application of murder to plant destruction on sangketa land in case No: 139 / Pid.B / 2014 / PN Imposing penalties for the crime of crop destruction are things that can be released from penalties related to sentences relating to physical letters (saporodik) and matters which incriminate criminal acts as acts committed by victims.

Keywords: Application, Criminal, Destruction, Plants