CD Tesis

Kedudukan Keterangan Ahli Dalam Pembuktian Perkara Tindak Pidana Kebakaran Hutan Dan Lahan Di Sidang Pengadilan

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Proof of environmental criminal cases is regulated in Law Number 32 of
2009 concerning the Protection and Management of the Environment in Article
96 which states that valid evidence consists of (a) witness statements, (b) expert
statements, (c) letters, (d ) instructions, (e) testimony of the accused, and/or (f)
other evidence, including evidence regulated in statutory regulations. The
testimony of an expert who cannot be present at a hearing with valid reasons, the
statement can be read out. If the expert's statement before being given in front of
the investigator has taken an oath or promise as stated in Article 120 paragraph
(2) of the Criminal Procedure Code, then the value will be the same as the
expert's statement stated in person at trial. If the expert cannot be present at trial,
but has given testimony to the investigator under oath, then the expert's statement
has value as evidence.
The purpose of this study is to explain how the position of expert testimony
in proving cases of criminal acts of forest and land fires in court hearings in
several decisions and to answer the problem of how the position of expert
testimony in proving cases of environmental crimes and forest fires in Indonesia
can influence acquittals based on decrees Supreme Court No. 36/KMA/SK/II/2013
Concerning Enforcement of Guidelines for Handling Environmental Cases. The
type of research method is legal research with a normative juridical approach
that focuses on the level of horizontal synchronization. The data studied are
library materials or secondary data, and tertiary legal materials, which are then
interpreted and analyzed qualitatively normatively, then discussed and presented
descriptively.
The position of expert testimony as evidence is divided into 3 (three) namely
First, the position of an expert can determine a causal relationship to the Crime
of Forest and Land Fires where a causal relationship (causality) means it can be
proven that a crime has actually occurred. The two positions of evidence for
expert testimony can have their own strengths as evidence if the expert's testimony
is present in person at trial. The three positions of expert testimony are positioned
as supporting evidence to strengthen documentary evidence. Based on the
Supreme Court Decision Letter No. 36/KMA/SK/II/2013 concerning the
Enforcement of Guidelines for Handling Environmental Cases, this can affect the
acquittal because the environmental expert's evidence is used as supporting
evidence for laboratory results.
Key Words : Environmental Expert - Proof - Environmental Crime

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2010247462

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2010247462

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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