Penegakan Hukum Tindak Pidana Kehutanan di Kawasan Konservasi Pasca Berlakunya Perdirjen KSDAE Nomor P.6/KSDAE/SET/Kum.1 2018 tentang Petunjuk Teknis Kemitraan Konservasi (Studi Kasus Taman Nasional Gunung Leuser)

Abstract

Law of the Republic Indonesia No. 18 in 2013 Concerning to Determining and Eradicating the destructive forest speaking loudly on the letter c said that, there has happened the destructive forest caused by the using and cultivating forest unproperly and illegally pursuant to provisions and rule of legislations. In the following at letter f said : That the rule of legislations up to now are not fitting and not being able to handle effectively against the destructive forest in organization. Issued the Regulation of Director General Minister of Environment and Forest No. P./6/KSDAE/SET//Kum.1/6/2018 (Perdirjen) which was The Political Policy Regulation clearly served the normative discrepancy at the level ,of Positive Law in Indonesia because of putting togetther in the same level the civil society and the gorenment to manage the forest of conservation that must be preserved by the spirit and trusteeship of Foresty Crimes of Acts regulated by the central and local goverment. Regulation of Instructions has 3 (three) scopes that subdivided into : (a) patnership of conservation in the frame of empowering the people; (b) partnership of conservation in the frame of restoring the ecosystems; and (c) guiding, monitoring and evaluating. The coming of this Regulation enterminating the spirit of forest of conservation which intentionally was guarded by 3 (three) Foresty Crime Acts altogether, they are: Law of Republik Indonesia No. 5 Concerning to Forest Crimes in 1990, Law of Republic Indonesia No. 41 in 1999 Concerning to foresty and Law of Republic Indonesia No. 18 in 2013 that forbid forbidently any one to enter the areal forest more over has a partnership with the owner of forest. This Regulation is also not strict so far to regulate the konsekwencies if the people (1) to destroy again the forest as forbiding on the Law, (2) what the criminal konsekwencies if the people do not participate in this partnership with the goverment, (3) what the benefit of this partnership for the government?, because the foresty of conservation areas are the last buffer of live ecosystems in the earth and the lung of world. Presenting this Regulation of KSDAE really becomes the stambling block to the legal destination of Positive Law in Indonesia and it will produce contrary and legal discrepency in upholding end law enforcement the criminal law before this.