PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENGELOLAAN WISATA TANPA IZIN LINGKUNGAN DALAM PERKARA NOMOR 642/PID.SUS:LH/2019/PN.PDG

Abstract

Article one hundred and nine UU RI No. 32 of 2009 concerning Environmental Protection and Management, conducting management must have an environmental permit, one of which is the management of a tourist attraction based on a tourism management permit. Case Number 642 / Pid.Sus: LH / 2019, the defendant was proven guilty of violating Article 109 Problems: (1) How is the application of crime against perpetrators of tourism management crime without environmental permits in case number 642 / Pid.Sus: LH / 2019 / PN .Pdg? (2) What are the judges' considerations in imposing criminal offenses against the perpetrators of tourism management crime without environmental permits in case number 642 / Pid.Sus: LH / 2019 / PN.Pdg? This type of research used normative juridical; Data sources: in the form of primary, secondary and tertiary legal materials, data collection techniques were documents, data were analyzed qualitatively. Conclusions: 1) Application of crime against perpetrators of tourism management crime without environmental permits in case number 642 / Pid Sus: LH / 2019 / PN.Pdg, the defendant who fulfilled the elements of criminal law, was sentenced to 1 year imprisonment by a fine of 1 billion. 2) Consideration of judges in imposing criminal offenses against perpetrators of tourism management crime without environmental permits in case number 642 / Pid.Sus: LH / 2019 / PN.Pdg (1) Juridical considerations: prosecutors' demands, evidence, evidence. (2) Non-juridical considerations: aggravating matters: environmental crime is a serious crime because of its extensive impact. Relieve: the defendant has committed a crime for the first time, a state servant has a dependent child and wife.