CD Skripsi
Analisis Yuridis Penerapan Sanksi Pidana Terhadap Pelaku Pembakaran Lahan Dalam Beberapa Putusan Hakim Dikaitkan Dengan Asas Keadilan
ABSTRACT
The act of burning land is prohibited under article 69 paragraph (1) letter h of Law No. 32 of 2009 concerning Environmental Protection and Management, article 56 paragraph (1) of Law No. 39 of 2014 concerning Plantations, and articles 187 and 188 of the Criminal Code. follow criminal burning land no look wide burnt land , though burnt only sized narrow culprit already can convicted . In practice origin already there is burning fire land is incident criminal . And arrests were made immediately regardless of the area of land burned, the status of the perpetrators and the culture of the community. The judge decided to follow the consideration of the public prosecutor. In the arson case in case 680/Pid.B-LH/2019/PN Rhl in the name of Mujito, case number 631/Pid.B-LH/2019/PN Rhl in the name of Muhammad Fauzi and case number 29/Pid.B-LH/2019 /PN Rhl on behalf of Muarni alias Ujang Kulal Bin Kulal. Burning took place in the same area, the public prosecutor was the same and it was decided by the same judge but the punishment was different. So the question is how to apply criminal witnesses to the perpetrators of land burning.
Purpose study this for know how to apply sanctions criminal to perpetrator criminal burning land . and how to determine laws and regulations against perpetrators of land burning. Study this arranged use type study juridical normative, that is focused research study application rules or norms in law positive . Approach used with use approach normative that is study law library .
Results That the imposition was based on the consideration of the public prosecutor. And the public prosecutor determines the indictment considering the purpose of the perpetrators of the land burning. not seen from the area of land, the type of land burned, burned plants and community customs. That the prosecutors were not careful, thorough and unprofessional in handling cases of land burning. as well as the weaknesses of the laws and regulations related to the criminal act of land burning found in the Legislative Regulations where there are 3 laws regarding burning And followed by weak evidence from the investigation process, witnesses and expert witnesses to prosecution
Keywords : Combustion - Land - Justice - Sanctions Criminal
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