TINJAUAN YURIDIS TINDAK PIDANA PEMBAKARAN HUTAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 39 TAHUN 2014(Nomor:225/Pid.B/LH/2019/PN.Tlk)

Abstract

The most prominent impact of forest and land fires is the occurrence of smog which is very detrimental to public health and river, land, sea and air transportation systems. The problems in this research are 1. How is the Modus Operandi of the Crime of Forest Burning and 2. How is the Judgment of Judges' Decisions in the Crime of Forest Burning Law number 39 of 2014, For this writing the type of research used is the normative juridical method, the nature of the research this is descriptive. Based on the results of the study, there are various modes carried out by forest fire actors, namely by: clearing the land first with heavy excavators, then making 4 (four) points (stacking) hotspots and burning them with red fox brand matches. consideration of the judge's decision in the crime of forest burning, namely: Aggravating and mitigating the Defendant and deciding a prison sentence of 1 (one) year and 6 (six) months. Juridical considerations are (Public Prosecutor's Indictment, Defendant's Statement, Witness Statement, Evidence, Articles in criminal law regulations. Non-juridical considerations (Defendant's background, Consequences of the defendant's actions, Defendant's personal condition, Defendant's religion).