Pelaksanaan Diskresi Dalam Perkara Tindak Pidana Pembakaran Lahan Di Wilayah Hukum Kepolisian Resor Indragiri Hilir

Agussusanto, Agussusanto (2022) Pelaksanaan Diskresi Dalam Perkara Tindak Pidana Pembakaran Lahan Di Wilayah Hukum Kepolisian Resor Indragiri Hilir. Masters thesis, Universitas Islam Riau.

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Abstract

The exercise of discretion towards the community or corporation (in the form of a company) that has made mistakes or negligence in managing and utilizing land in Indragiri Hilir Regency, contains the potential as a source of conflict between corporations and the community as land owners, which can have a big impact on capable burning with capacity big. Settlement of environmental conflicts between corporations and communities in forest and land fires that occurred in Indragiri Hilir Regency, resolution of environmental conflicts between corporations and communities was completed with discretion by the Indragiri Hilir Resort Police. In the research that will be carried out, the author has a main problem as a guide for discussion in the research, namely how to exercise discretion in the case of forest and land burning crimes in the Indragiri Hilir Resort Police Legal Area and how are the obstacles and obstacles in the exercise of discretion in the settlement of cases of forest burning crimes. and land in the Indragiri Hilir Resort Police. The research method carried out using this type of research is included in the observational research group with its descriptive analytical nature. the object of research, regarding the case of the crime of burning forest and land outside the court in the jurisdiction of the Indragiri Hilir Resort Police. The location of the research carried out in the study was the Indragiri Hilir Resort Police. Primary data are materials obtained from respondents, namely: Head of Criminal Investigation Unit (INHIL Police), Head of Criminal Investigation Unit (INHIL Police), BA. Sat. Criminal Investigation Unit (INHIL Police), Perpetrators/Suspects (In District (INHIL) and Community Leaders (Di District (INHIL). Secondary data in the form of literature books, journals and the internet. Tertiary legal materials in the form of a dictionary of Indonesian law. Data collection tools use Interviews with respondents Data analysis by drawing conclusions in this study is guided by the deductive method, namely the inference from general things to specific things. The exercise of discretion against perpetrators of land burning in the jurisdiction of the Indragiri Hilir Resort Police that cases of forest and land burning in Indragiri Hilir Regency are dominated by individuals. The perpetrators of forest and land burning in the jurisdiction of the Indragiri Hilir Resort Police are cukong, groups of people, business actors or corporations and the community. With the motive of saving costs, accelerating land clearing work, preventing pests, improving soil quality. At the investigative level, the obstacles faced are the limited budget support for smoke disaster management, the geographical conditions of forest and land fires are difficult to reach, the community's tradition of clearing land by burning, has not been optimized.

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