Kebijakan Hukum Kriminal dan Reformulasi Kewenangan POLRI dan PPNS dalam Penyidikan Tindak Pidana Kehutanan

Kuingo, Herdi (2020) Kebijakan Hukum Kriminal dan Reformulasi Kewenangan POLRI dan PPNS dalam Penyidikan Tindak Pidana Kehutanan. Masters thesis, Untag 1945 Surabaya.

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Abstract

Many violations have been committed by the community causing forest destruction, one of which is illegal logging. Illegal logging is very common in Indonesia and involves many actors and is a neat and organized crime. The fundamental thing that makes it difficult to eradicate illegal logging is because illegal logging is included in the category of "organized crime". Therefore the existence of a criminal law policy that firmly regulates and law enforcement against illegal logging should be realized. Criminal law policy and authority in the investigation between the police and PPNs that are applied in the context of overcoming and enforcing the law on illegal logging are regulated and formulated in the provisions of legislation article 50 and 78 and article 77 of Law Number 41 of 1999 concerning Forestry, however The definition of illegal logging is not formulated in a limitative way so that many legal practitioners interpret illegal logging individually. Regarding the criminal sanctions imposed are the principal crimes namely imprisonment and fines, additional crimes in the form of deprivation of proceeds of crime and or tools to commit crimes, compensation and disciplinary sanctions. Criminal law policy regarding illegal logging and the application of sanctions is felt not to meet certainty and justice aspects. This is seen in the case of illegal logging that occurred in the jurisdiction of the Blora and Bojonegoro District Courts. Therefore, in addition to criminal law policies, law enforcement is also needed against illegal logging that is carried out through the criminal justice system. The Criminal Justice System consists of components including the police, forestry PPNS, Attorney General's Office, Judiciary and Correctional Institutions and Advocates. In practice the process of law enforcement against illegal logging is very weak. One of the weak factors of law enforcement against illegal logging is characterized by its handling that is not integral (comprehensive) because of directly related intellectual actors such as financiers, customers, senders, document forgers, sawmills who act as liaison are rarely convicted and only field people just being convicted. In addition, there are many factors that cause weak law enforcement against illegal logging so that it becomes an obstacle in law enforcement, overlapping legal enforcement authority between POLRI and PPNS causes disharmony in investigative authority, this causes weak enforcement of law against illegal logging so that this becomes an obstacle in law enforcement

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