TINJAUAN YURIDIS PRA PERADILAN PENYITAAN ALAT BERAT OLEH DINAS LINGKUNGAN HIDUP DAN KEHUTANAN PROVINSI RIAU (Studi Kasus Putusan Nomor 12/Pid.Pra/2022/PN Pbr).

Abstract

The criminal justice system as a system is basically an open system. An open system is a system that in its movement to achieve goals, both short-term (resocialization), medium-term (crime prevention) and long-term (social welfare) is greatly influenced by the social environment and areas of human life, so the criminal justice system in its movements will always experience interfaces (interaction, interconnection, interdependence) with their environment in levels, society, economics, politics, education and technology, as well as subsystems of the criminal justice system itself (subsystem of criminal justice system). This research is research that analyzes the implementation of the case and the judge's consideration of the pretrial regarding the confiscation of heavy equipment by the Environment and Forestry Service of Riau Province, Riau Province (Decision Number (12/Pid.Pra/2022/PN Pbr). This research is a type of normative research, which is carried out by collecting data from a theoretical basis. By studying books, scientific works, articles or other reading sources that are related to the problem being studied, Primary Data and Secondary Data are obtained at the research location. The implementation of pre-trial cases regarding the confiscation of heavy equipment by the Environment and Forestry Service of Riau Province (Decision Number 12/Pid.Pra/2021/PN Pbr) is through: (1) The legal standing of the applicant and respondent is: That the extension of the position The applicant's legal standing (legal standing) submitted a pre-trial request referring to the Constitutional Court Decision No. 76/PUU-X/2012 dated 8 January 2013 and quoted again in the Constitutional Court decision no. 98/ PUU- The Pretrial Case Judge's Considerations on the Confiscation of Heavy Equipment by the Riau Province Environment and Forestry Service (Study Decision Number (12/Pid.Pra/2022/PN Pbr) are: Granting the Petitioner's pretrial petition in its entirety, Declaring Invalid the Investigation Actions carried out by the Respondent in Forestry Crime Case based on Incident Report Number LK/05/Polhut-DLHK/VII/2022 dated 25 July 2022 in conjunction with Investigation Order Letter Number: Sprindik/04/PPNS-DLHK/VII/2022 dated 26 July 2022 along with all documents issued by the Respondent which is a follow-up and result of the investigation and declares invalid the confiscation action carried out by the Respondent on movable objects belonging to the Petitioner and/or at least in the control of the Petitioner.