PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU YANG TURUT SERTA MELAKUKAN PEMBAKARAN LAHAN BERDASARKAN UNDANG UNDANG NO.39 TAHUN 2014 TENTANG PERKEBUNAN (Studi Putusan Pengadilan Negeri Teluk Kuantan Nomor 182/PID.B/LH/2020/PN TLK)

Abstract

Land burning is an event of land burning either caused by intentional or negligence factors so that the land burns, both controlled and uncontrolled. The problem in this study is how the criminal responsibility of the perpetrators who participated in burning land in the Teluk Kuantan District Court decision number 182/PID.B/LH/2020/PN TLK and how the modus operandi of land burning in the Teluk Kuantan District Court decision number 182/PID .B/LH/2020/PN TLK. The author uses normative legal research methods by reviewing the data obtained, and the nature of the research is descriptive by providing a clear and detailed description of the criminal responsibility of the perpetrators who participated in burning the land for the study of court decision number 182/PID.B/LH/2020 /PN TLK was carried out based on legal facts and based on statements from witnesses, defendants' statements, and evidence, and was determined to have violated the criminal provisions of Article 108 in conjunction with Article 56 paragraph (1) of Law No. 39 of 2014 concerning Plantations in conjunction with Article 55 paragraph ( 1) 1st Criminal Code. Criminal liability by the defendant for the actions he committed, the defendant is sentenced to prison for 1 year 6 months and a fine of Rp. 1,000,000,000.00 (one billion rupiah) with the stipulation that if the fine is not paid, it is replaced with imprisonment for 2 months Modus operandi of arson decision study area number 182/PID.B/LH/2020/PN TLK by burning piles of wood plugs on the land using a Dunhil brand personal muffler which causes air pollution around the area.