TINJAUAN YURIDIS PERTANGGUNGJAWABAN PIDANA PADA TINDAK PIDANA HASIL HUTAN (STUDI KASUS NOMOR : 201/Pid.B/LH/2019/PN.Tlk)

Abstract

Forest is an ecosystem unit in the form of a stretch of land containing biological natural resources which are dominated by trees in their natural environment which cannot be separated. Forests are very useful for living things because forests are the lungs of the world that must be kept in balance. The forest currently has a chronic problem because of the cult of wood thieves in the forest area. The formulation of the problem raised in this study is (1) how is the criminal responsibility for the crime of forest products in the case study decision Number: 201/Pid.B/LH/2019/PN.Tlk? (2) how is the judge's consideration in making a decision on the crime of forest products case study decision Number: 201/Pid.B/LH/2019/PN.Tlk?. The type and nature of the research used in this study is a normative legal research type, while in terms of its nature it is descriptive analytical. Then the writer draws conclusions inductively. Based on the results of research and analysis, it is concluded that the application of material law in the Decision of the Teluk Kuantan District Court Number: 201/Pid.B/LH/2019/PN.Tlk is correct. The defendant is criminally responsible based on the indictment of the Public Prosecutor who formulated the indictment in Article 83 paragraph (1) letter b of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction in Article 55 paragraph (1) of the 1st Criminal Code. Where the actions with the elements of the article match each other. The judge's considerations before passing the Decision Number: 201/Pid.B/LH/2019/PN.Tlk used aspects of juridical considerations and aspects of non-juridical considerations. juridical considerations, judges base their decisions on statutory provisions, use at least two valid pieces of evidence and consider evidence. The judge's non-juridical considerations examine social backgrounds such as education, living and work environments, as well as knowing the motives of the accused committing a crime. In addition to the background of the defendant, a consideration that cannot be ignored is how much impact it will have so that the judge can consider what circumstances can be aggravating and mitigating the defendant. The panel of judges judged based on the facts at trial that the defendant could be held accountable for his actions with the consideration that at the time he committed his actions the defendant was aware of the consequences and did not discourage him from doing so. Perpetrators in carrying out their actions are in good health and capable of considering elements against the law, and there is no reason for the abolition of the crime.