Penegakan Hukum Tindak Pidana Ilegal Logging di Kawasan Hutan

Penulis

  • Ihwanul Muttaqin Fakultas Hukum Universitas Yos Soedarso Surabaya
  • Muklis Suhendro Fakultas Hukum Universitas Yos Soedarso Surabaya
  • Mohamad Frengki Rajiv Baehakhi Fakultas Hukum Universitas Yos Soedarso Surabaya

DOI:

https://doi.org/10.53027/jp.v4i1.103

Abstrak

Illegal logging that has reached the heart of conservation areas, protection forests and production forests demonstrates the increasing and worsening situation of illegal logging. Illegal logging is the main cause of deforestation in Indonesia, which reaches a rate of 1.6 - 2.0 million per year. Not only is the damage to forest ecosystems that support people's lives, this illegal logging practice also causes large amounts of state losses, state losses due to forest logging in Indonesia reach Rp. 169.7 trillion. Such a value is obtained from the calculation of the shortfall in state revenue from the land and building tax sector as well as the number of permits and royalties. Therefore, several policies issued by the government were born as a measure to overcome this, which are manifested in statutory regulations.Illegal logging crime is textually and expressly in Law No. 18 of 2013 concerning the Prevention and Eradication of Forest Destruction. In practice, law enforcement can be applied through institutions in the Criminal Justice System, both from the performance and reform of the criminal system, it provides a dimension in the operation to eradicate the polemic of forest deforestation in the perspective of illegal logging crime. Article 1 point 2 Government Regulation No. 45 of 2004 concerning forest protection, what is meant by forestry police are "certain officials within the scope of the central and regional forestry agencies who, in accordance with the nature of their work, carry out and / or implement forest protection efforts which are given special police authority in the forestry and conservation sector by law living natural resources and their ecosystems.The police have a role in preserving the forest against illegal logging actors, including the importance of raising awareness of conservation for communities who have the potential to carry out illegal logging; the need to develop new economic sources for forest communities; the need to develop transportation access to facilitate monitoring and eradication of illegal logging practices; the need to build an understanding in taking action against cases of illegal logging between the Ministry of Forestry as the party issuing forest management permits and the Police and the Attorney General's Office; the need for transparency and courage in taking action against officials or officials who are directly involved in or who support illegal logging activities.Keyword: Crime; illegal logging.

Referensi

Buku :

Abdul Muis Yusuf (dkk), 2011, Hukum Kehutanan Di Indonesia, PT. Rineka Cipta, Jakarta.

Ismail Rumadan, 2012, Penegakkan Hukum Pidana Illegal Logging, tanpa tempat terbit.

M.Badri, 2008, Illegal Logging dan “Tangan Tuhanâ€, Riau Creative Multimedia.

Philipus. M Hadjon dan Tatiek Sri, 2005, ARGUMENTASI HUKUM, Yogyakarta:UGM pers.

Salim, 1997, Dasar-dasar Hukum Kehutanan, PT. Sinar Grafika, Jakarta.

Soerjono Soekanto, 1989, Faktor-Faktor Yang Mempengaruhi Penegakan Hukum, Rajawali Pers, Jakarta

Peraturan perundang-undangan:

Peraturan Pemerintah No. 45 Tahun 2004 Tentang Perlindungan Hutan

Undang-undang No 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan

Diterbitkan

2020-06-30

Terbitan

Bagian

ORIGINAL RESEARCH