Tinjauan Yuridis Terhadap Putusan Lepas Dari Segala Tuntutan Hukum,dalam Perkara Tindak Pidana Kehutanan (Studi Kasus Perkara Nomor 282/Pid.Sus/2017PN.Plw)

Harianto, Raja Desrizal Yoffie (2022) Tinjauan Yuridis Terhadap Putusan Lepas Dari Segala Tuntutan Hukum,dalam Perkara Tindak Pidana Kehutanan (Studi Kasus Perkara Nomor 282/Pid.Sus/2017PN.Plw). Other thesis, Universitas Islam Riau.

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Abstract

Based on Decision 282/Pid.Sus/2017/PN.PLW with the Defendants Yorlis Kampar, Sarbaini, Suriyadi Edi Siswanto, Mas Sri Handoko, Muriadi, Sawaludin, and Masran have been proven to have committed the acts as in the third indictment, but these acts are not criminal act (Onstslag Van Alle Rechtsvervolging) on ​​the basis of consideration of Article 191 paragraph (2) of the Criminal Procedure Code, which reads: "If the court is of the opinion that the act that has been charged against the defendant is proven, but the act does not constitute a criminal act, the defendant is dismissed from all charges. law. The main problem of this research is how is the evidentiary process in the case so that the judge gives a decision free from all lawsuits in the forestry crime case (Case Study Judgment Number 282/PID.SUS/2017PN.PLW) and how is the judge's consideration in making a decision regardless of everything? lawsuits in forestry criminal cases (Case Study Decision Number 282/PID.SUS/2017PN.PLW) The research method used in this study is normative legal research where this research is a juridical review of the decision to escape from all lawsuits in forestry criminal cases (Case Study of Judgment No. 282/PID.SUS/2017PN.PLW). The results of the discussion of this study are the evidentiary process in the Decision Case Number 282/PID.SUS/2017PN.PLW based on the evidence presented in court proceedings, especially evidence, witness statements, expert statements, and evidence presented by the defendant's legal counsel. at the trial, this was in accordance with the provisions of Article 184 paragraph (1) of the Criminal Procedure Code on evidence. And what was taken into consideration by the judge in making a decision in this case was because the land/area where the Defendants carried out logging and wood processing in forest areas still caused ownership disputes between PT. Arara Abadi with the Kesuma Village community and became the realm of civil law. Based on this information, the judge decided that the defendant was found not guilty of committing a crime as charged by the Public Prosecutor. Thus, the defendant was declared acquitted of all legal charges

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