TINJAUAN TENTANG PUTUSAN HAKIM TERHADAP TINDAK PIDANA ILLEGAL LOGGING

WIBOWO, ANTONIUS TRI (2009) TINJAUAN TENTANG PUTUSAN HAKIM TERHADAP TINDAK PIDANA ILLEGAL LOGGING. S1 thesis, UAJY.

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Abstract

This research intended to know the legal norms of which had been used by the judge in deciding the case concerning on criminal act of illegal logging based on these two decisions of Supreme Court, as well to know the factors of which behaves as the causes of the emergence of illegal logging criminal act in Indonesia. This research was descriptive research and if it is perceived from its purpose it includes as normative legal research. The type of data used was secondary data. The technique of data collection used i.e. through the court behaviour research or judges’ decision as well as literary research, either from literatures, regulations, documents, et cetera. The data analysis used technique of dedutive logical data by qualitative approach. Based on the result of this research and analysis data of which had been conducted thus it is concluded that these two criminal cases were criminal cases of illegal logging, of which the legal norms used by the judge in deciding this criminal case is the Article 50 of paragraph (3) letter h junction the Article 78 paragraph (7) of the Laws Number 41 of 1999 on Forestry as had been changed into the Laws Number 19 of 2004 junction the Article 55 paragraph (1) of the Criminal Code. Furthermore, from the result of this research, it can be drawn conclusion, that the use of legal norm by the judge is proper and appropriate to the determination of valid regulations. However, on the ground of this regulations does not regulate on the minimal limit of deciding criminal punishment, as well the selective characteristic towards its legal subject, it makes this legal use is not maximal, thus the achievement of legal supremacy in order to be a prosperous and justice state also prohibited. The theoretical implication of this research was as a medium to be able to give the consideration contribution to the development of Criminal Code in general and Criminal Law in specific, particularly concerning on the norms used by the judge in deciding illegal logging criminal case based on valid legal substance in order to enforce the criminal law of illegal logging in Indonesia. Meanwhile its practical implication is the result of this research can be used as recommendation of government in order to review the regulations of which is hoped can accomodate the matters relating to the forestry sector, either the creation of legal supremacy in Indonesia concerning on the ellimination of illegal logging criminal act.

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