CD Skripsi
Kekuatan Bukti Ilmiah Pada Tindak Pidana Kebakaran Hutan Dan Lahan Dalam Rangka Penegakan Hukum Pidana Lingkungan Hidup Di Provinsi Riau
ABSTRACT
Forests as one of the natural resources with great potential to be used to
improve community welfare. Because of the importance of the function of forests
for human life so that the preservation of the forest needs to be maintained so that
the forest needs to be maintained so that the forest does not lose its function.
Things that can cause disruption of forest functions include forest fires. One of the
cases of forest fires which was acquitted with the defendant PT. Adei Plantation
and Industry, while scientific evidence presented in court shows that PT. Adei
Plantation and Industry intentionally committed acts resulting in exceedance of
ambient air quality books, water quality standards, sea water quality standards or
environmental damage and human safety hazards and resulting in significant
injury or death to people who could be convicted and receive strict sanctions.
This type of research is normative legal research that is the principles of
law. The legal principle that is the object of the problem in research is the
principle contained in the criminal justice system, that a judge must be able to
consider the facts of the trial to create a sense of justice. While judging from the
nature of this research, it is descriptive. This study uses secondary data that is
ready-made data.
The results of this study are an analysis of judges' legal considerations in
dropping criminal case decisions No. 228 / Pid.Sus / 2013 / PN.Plw is a
consideration of the Decision of the First Level Judge, then Article 99 paragraph
(1) jo article 116 paragraph (1) letter (a) ) RI Law. Number 32 of 2009
concerning Environmental Protection and Management in conjunction with Law
Number 14 of 1970 in conjunction with Law Number 48 of 2009 concerning
Judicial Power, Law Number 8 of 1981 concerning KUHAP and other regulations
relating to this case. . The criminal conviction of the defendant by the Pelalawan
District Court at the first instance and the Pekanbaru High Court at the appeal
level were too mild. The defendant's actions are not in line with the government's
program which must run environmentally friendly business activities. While PT.
Adei Plantaion and Industry can be imposed with criminal sanctions using Article
187 and Article 188 of the Criminal Code, Article 15 and Article 52 paragraph
(1) of Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles,
Article 21 and Article 27 of Law Number 5 of 1984 concerning Industry, Article
50 and Article 78 of Law Number 41 of 1999 concerning Forestry. The strength of
scientific evidence on criminal acts of forest and land fires in the context of
environmental criminal law enforcement in Riau Province is that the judge places
more weight on evidence than scientific evidence in proving this environmental
pollution / damage.
Keywords: Law Enforcement, Pharmaceutical Supply Dealers, No License
Tidak tersedia versi lain