Basic Analysis of Judges' Considerations on the Difference between First Level Decisions and Cassation Level Decisions in Criminal Cases of Protected Forest Destruction
Abstract
Cases of forest protection destruction often occur in Indonesia. However, only a small part of it gets attention. The focus of the research is on the differences in judges' decisions at two levels of court, namely the First Level Decision No. 11/Pid.Sus/2021/PN.Lht which acquitted and the Cassation Level Decision No. 2441K/Pid.Sus/2021 which sentenced the defendant to 1 (one) year and a fine of IDR 1 billion. The research method used is normative research supported by empirical data. The data sources used in this study consist of primary data supported by secondary data. The results of the study found that the Legal Considerations made by the Supreme Court Justice at the Cassation level, namely considering the Testimonies of Witnesses ignored by the Judge at the Lahat District Court, became a strong basis for sentencing the Defendant of the Protected Forest Destruction of the Issues and the absence of reasons for the Elimination of Criminal Charges that had been made by the Defendant to escape the clutches of the law for his actions. The implementation of the decision at the cassation level against the defendant, namely the Lahat District Attorney's Office has carried out a forced pick-up of the Convict to carry out the remaining detention period in accordance with the order from the Head of the Lahat District Attorney's Office to be handed over to the Lahat Regency Penitentiary.
References
Aldikora, H. S. 2012. Konservasi, Sumberdaya Alam dan Lingkungan. Gadjah Mada University Press. Yogyakarta.
Constitutional Court Decision Number 114/PUU-X/2012.
Criminal Procedure Code (KUHAP).
Djajapertjunda, Sadiki and Edje Djamhuri, 2021, Indonesian Forests and Forestry from Time to Time, PT. IPB Press Publisher, Bogor City.
Government Regulation Number 23 of 2021 concerning Forestry Implementation Concerning Forestry Implementation.
Hayatuddin, Khalisah and Serlika Aprita, 2021, Environmental Law, Kencana Prenada Media Group, Jakarta.
Husein, Imam Akbaru Al. 2015. Legal Protection of State Forest Areas Against Criminal Acts of Forest Destruction, Media.neliti.com, Vol 1, pp. 6.
Lario, Sofia Degratsia Natalia et al., 2024, Law Enforcement Against Illegal Gold Mines Operating in Protected Forest Areas in Poso Regency, UNSRAT Faculty of Law Journal Lex Privatum, Vol.13, No.5.
Law Number 41 of 1999 concerning Forestry.
Law Number 32 of 2009 concerning Environmental Protection and Management.
Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction.
Purnomo, Eko., et al., 2021, Criminal Law Enforcement Against Forest and/or Land Burners in the Musi Banyuasin Police Jurisdiction, Doctrinal Law Journal, Vol. 6, No. 2.
Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number 9 of 2021 concerning Social Forestry Management.
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