Penerapan Ajaran Turut Serta Pada Perkara Illegal Logging (Nomor 1039/PID.B/LH/2019/PN PBR)

Miswantika, Marianti (2022) Penerapan Ajaran Turut Serta Pada Perkara Illegal Logging (Nomor 1039/PID.B/LH/2019/PN PBR). Other thesis, Universitas Islam Riau.

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Abstract

The number of illegal logging or clearing of forests to be used as plantation areas by individuals as well as community groups and companies without permits, but many ordinary people do not know about these permits, and those who ordered them to do so made ordinary people against the licensing rules as shields or as a means of protecting them. the forefront to trick law enforcement officers to avoid legal entanglement, even in law enforcement ordinary people who should be victims are made to participate in the illegal logging act. The formulation of the problem in this research are: First, how is the application of the teachings of participating in the illegal logging case number 1039/Pid.B/LH/2019/Pn Pbr?, Second, how is the proof of the perpetrators of the teachings participating in the illegal logging case number 1039/Pid. B/LH/2019/Pn Pbr ? This study uses a normative juridical research method, namely research aimed at examining the application or norms or rules contained in positive law. Meanwhile, judging from its nature, this research is descriptive analytical The result of this study is that the application of the teaching of participating in the illegal logging case number 1039/Pid.B/LH/2019/Pn Pbr is not in accordance with the theory of criminal responsibility. This is due to the inappropriate application of this teaching and does not fulfill the element of justice. The implication is that the perpetrators of the crime of illegal logging cannot be punished according to what they have done and the main perpetrators of the crime of illegal logging are not touched by the law. Proof that the perpetrators of the teachings participated in the illegal logging case number 1039/Pid.B/LH/2019/Pn Pbr by presenting witness statements, expert statements, instructions in the form of evidence and testimony from the defendant. The results of the evidence show that the elements of each person are fulfilled, elements that intentionally transport, control, or possess timber forest products, elements that are not accompanied by a certificate of legality of forest products, and elements of those who commit, order to do and those who participate in doing so.

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