PENEGAKAN HUKUM PIDANA LINGKUNGAN DI KABUPATEN OGAN KOMERING ILIR PROVINSI SUMATERA SELATAN

NABILA HERLIN NARESWARI, NIM. 18103040093 (2022) PENEGAKAN HUKUM PIDANA LINGKUNGAN DI KABUPATEN OGAN KOMERING ILIR PROVINSI SUMATERA SELATAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Land clearing by burning is an act that is prohibited by legislation, but it is allowed in accordance with local wisdom in each region. Criminal provisions for land clearing by burning are regulated in the provisions of Indonesian legislation, namely in Article 108 Jo. Article 69 Paragraph (1) Letter h of Law Number 32 of 2009 concerning Protection and Management of the Environment, and also regulated in the provisions of Article 108 Jo. Article 56 Paragraph (1) of Law Number 39 of 2014 concerning Plantations. The application of this article will certainly affect the criminal fallout of land clearing by burning. One of the cases of land clearing by burning is what happened in Ogan Komering Ilir Regency, South Sumatra Province with the decision number 529/Pid.B/LH/2019/PN Kag. In writing this thesis will be analyzed whether the application of article 108 Jo. Article 56 Paragraph (1) of Law Number 39 of 2014 concerning Jo's Plantation. Article 55 Paragraph (1) The 1st KUHP against the case with the decision number 529/Pid.B/LH/2019/PN Kag is correct and has fulfilled the sense of justice for criminal offenders. Then, it is also analyzed about how to apply the right article, namely Article 108 Jo. Article 69 Paragraph (1) Letter h of Law Number 32 of 2009 concerning Environmental Protection and Management, and is also regulated in the provisions of Article 108 Jo. Article 56 Paragraph (1) of Law Number 39 of 2014 concerning Plantations regarding cases of land clearing by burning. This study uses a type of library research, namely the method of collecting written data from journals, books, laws and regulations and other written data and using a normative juridical approach. The data that the researcher obtained are sourced from the 1945 Constitution of the Republic of Indonesia, Legislation, Ministerial Regulations, Regional Regulations, scientific writings, books, papers, articles, and other things that support this writing. The results of the study indicate that the application of the article in the decision number 529/Pid.B/LH/2019/PN Kag is not appropriate and does not fulfill the sense of justice for the perpetrators of the crime of clearing land by burning due to the incompatibility between the article applied and the elements of the article. Then based on existing jurisprudence, the application of Article 108 Jo. Article 69 Paragraph (1) letter h of Law Number 32 of 2009 concerning Environmental Protection and Management can be applied if the impact of land burning is proven to be large enough. Because in this Article there is a minimum provision of imprisonment and a fine, while Article 108 Jo. Article 56 Paragraph (1) of Law Number 39 of 2014 concerning Plantations can be applied if the clearing and/or processing of land by burning carried out by plantation business actors does not have too big an impact

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