Analisis Yuridis Penjatuhan Pidana Di Bawah Ketentuan Minimum Khusus Dalam Perkara Pembantuan Tindak Pidana Lingkungan Hidup

Wirawan, Fernando (2021) Analisis Yuridis Penjatuhan Pidana Di Bawah Ketentuan Minimum Khusus Dalam Perkara Pembantuan Tindak Pidana Lingkungan Hidup. Other thesis, Universitas Islam Riau.

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Abstract

Environmental damage is a form of criminal action in the environmental sector as stipulated in Law Number 32 of 2009 concerning PPLH. Article 98 paragraph (1) is one of several articles prohibiting actions that cause environmental damage with a special minimum threat. The threat was made considering the importance of a good and healthy environmental function which is the basic right of every Indonesian citizen as mandated in Article 28 H of the 1945 Indonesian Constitution. However, in practice it is still possible to impose a lighter sentence than the criminal threat in Law Number 32 Year 2009 concerning PPLH. What becomes an important point in this case concerns assistance in the occurrence of criminal acts in the environmental field in terms of the criminal system. Therefore, this research will further study the analysis of Case Number 39 / Pid.B / Lh / 2019 / Pn.Plw related to the imposition of crimes below the special minimum in cases of assisting environmental crimes. As for the problem formulation in this thesis, namely, How is the Imposition of Crime under the Special Minimum Provisions in Case of Assistance to Environmental Crimes in decision Number 39 / Pid.B / Lh / 2019 / Pn.Plw) in terms of the criminal system? and What is the Legal Consideration of the Panel of Judges in Imposing Crimes Under the Special Minimum Conditions in Assistance Cases for Environmental Crimes in decision number 39 / Pid.B / Lh / 2019 / Pn.Plw)? This research uses a descriptive normative juridical approach. Research data comes from library research and legislation or secondary data. The data obtained were analyzed using qualitative methods. The findings show that the criminal system in Law Number 32 of 2009 concerning PPLH, especially Article 98 paragraph (1), does not explicitly mention assistance for the occurrence of criminal acts in the environmental sector. The concept of assistance for environmental crimes still refers to the provisions in Chapter I of the Criminal Code, while the severity of the sanctions / criminal threats imposed according to the measure of the act (assistance) still depends on the judge's judgment. Then, in the verdict, the judge has formulated a legal opinion according to Vandevende's criteria, where the important points in the consideration of the decision are the judge further examines the available facts and relates them to the evidence presented at the trial. If it is related to Karen Lebacqz's theory of justice, then Decision 39 / Pid.B / Lh / 2019 / Pn.Plw should be imposed according to special minimum provisions in order to provide a deterrent effect and also as a preventive effort to ensure maximum benefits for the benefit of the community and also protection for the environment, based on a utilitarian approach, which emphasizes how an action can provide the maximum or maximum benefit for the community.

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