Analisis Perbuatan Pidana Di Areal Kawasan HPHTI Dalam Putusan Ontslag (LEPAS) (Putusan Nomor: 282/Pid.SUS/2017/PN.PLW).

Fitriani, Lissa (2021) Analisis Perbuatan Pidana Di Areal Kawasan HPHTI Dalam Putusan Ontslag (LEPAS) (Putusan Nomor: 282/Pid.SUS/2017/PN.PLW). Masters thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Criminal action is material evidence, of course, has an element in the criminal act. In criminal law it is known as offense, tempus and locus. These three elements must be fulfilled in a criminal act in particular, namely forestry crime which is the main element that must be fulfilled is that it must be in a forest area and / or HPHTI area because it is regulated in a special statutory regulation so that if it is not in a forest area, the element will fall principal in this criminal act. Based on the above background, the problem that will be answered in this first thesis research is about how criminal acts against perpetrators in HPHTI areas in the Ontslag (Release) decision and what judges consider the cases of forestry crimes in the Ontslag (Release) Decision Case Number: 282 / Pid.sus / 2017 /PN.PLW. This type of research is normative legal research, while the data source is secondary data which consists of 3 (three) legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. Meanwhile, if viewed from the nature of this research is descriptive analytical which means this research provides a detailed, clear and systematic description of the subject matter of the research. The actions of the defendants are subjectively proven legally and convincingly as charged by the Public Prosecutor in the third indictment, namely Article 84 Paragraph (1) of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. However, because the public prosecutor legally and convincingly cannot prove the elements objectively, the defendant's actions cannot be accounted for and the act is not a criminal act. Where a criminal act is an action that can be held accountable for legal subjects that contain rights and obligations, of course, in general, criminal law is classified into 3 (three) objective elements, namely Delik, Tempus and Locus. Where these three elements are formally must be fulfilled because in our criminal law in Indonesia no one can be convicted but there are legal rules that govern it. Based on the judges considerations, the panel of judges who examined, tried and decided the Incasu case had implemented the law properly and correctly so that the judges as the mouthpiece of the law was correct, because the highest decision was a decision that provided justice and benefits in law and social life.

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