Penegakan Hukum Terhadap Pelaku Tindak Pidana Pencurian Hasil Perkebunan Kelapa Sawit Dengan Mengesampingkan Undang - Undang Nomor 39 Tahun 2014 Tentang Perkebunan Di Wilayah Hukum Polres Kuantan Singingi

Herbi, Aam (2022) Penegakan Hukum Terhadap Pelaku Tindak Pidana Pencurian Hasil Perkebunan Kelapa Sawit Dengan Mengesampingkan Undang - Undang Nomor 39 Tahun 2014 Tentang Perkebunan Di Wilayah Hukum Polres Kuantan Singingi. Masters thesis, Universitas Islam Riau.

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Abstract

The theft of oil palm plantation products as regulated in Article 107 of Law Number 39 of 2014 concerning Special Plantations, but in reality in the field law enforcement uses Article 362 of the Criminal Code or Article 363 of the Criminal Code so that there is an incorrect application of the law "error in law" by investigators, in Article 63 paragraph (2) (KUHP) it is explained that, "if an act is included in a general criminal rule, it is also regulated in a special criminal rule, then only the special one is applied, in accordance with the legal principle "lex specialis derogat Legi generalis. The main problem in the study is, law enforcement against perpetrators of criminal acts of theft of oil palm plantation products, ignoring Article 107 letter D of Law Number 39 of 2014 concerning Plantations in the jurisdiction of the Kuantan Singingi Police Station and obstacles to law enforcement against perpetrators of criminal acts of theft of oil palm plantation products. set aside Article 107 letter D of Law Number 39 of 2014 concerning Plantations in the jurisdiction of the Kuantan Singingi Police Station. The research method used is Observational Research by means of a survey, namely interviews as a data collection tool. The nature of the research, this research is descriptive analytical, which provides a clear and detailed description of an incident that occurred regarding law enforcement against perpetrators of criminal acts of theft of oil palm plantation products. Law enforcement against perpetrators of criminal acts of theft of palm oil plantation products applies Article 362 or Article 363 of the Criminal Code. The reason investigators do not use Article 107 letter D of Law Number 39 of 2014 concerning Plantations is because when using the plantation law or the lex specialis the garden owner must be able to show that the formal requirements are legal entities, area certificates, plantation permits and other formal requirements. . If the reporter can meet the formal requirements, then the application of the Lex specialis can be applied. And as long as the formal requirements cannot be met, investigators still refer to the lex generalis (Book of the Criminal Law Act) and the barriers to law enforcement against perpetrators of criminal acts of theft of oil palm plantation products, ignoring Article 107 letter D of Law Number 39 of 2014 concerning Plantations in The legal area of the Kuantan Singingi Police Station is the legal factor, the number of laws and regulations that regulate especially about criminal acts in Indonesia, the law enforcement apparatus factor because there are still many investigators who do not have an undergraduate legal background, the facilities and infrastructure factor that lacks financial support and is still the lack of support from human resources and the limited level of quality legal awareness of the community is partly due to a lack of knowledge and understanding of the extent of influence and activities carried out on plantation crimes.

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