Analisis Pertimbangan Hakim terhadap Penjatuhan Pidana Terkait dengan Kasus Pelaku Tindak Pidana Pengangkutan Hasil Hutan Kayu

Abstract

The perpetrator of the criminal act of transporting timber forest products is the person who commits the criminal act in question carrying out the transportation of timber forest products, in the sense of the person or subject who, intentionally or unintentionally as required by the Law, has caused an undesirable consequence. Constitution. The aim of this research is to find out the legal regulations for the criminal act of transporting wood forest products in Indonesia, to find out the criminal liability of perpetrators of the crime of transporting wood forest products without having a Certificate of Legality of Forest Products, and to find out the analysis of the Judge's considerations in applying criminal sanctions to cases perpetrator of the crime of transporting timber forest products in Decision Number 113/Pi.Sus-LH/2019/PN.Sdw and Decision Number 178/Pid.Sus/2018/PN.Pli and Decision Number 69/Pid.Sus/2019/PN.Lbh. The research method used in this paper is a normative type of research with descriptive research characteristics. Legislative research approach (statute approach). Techniques and tools for collecting data for library research. Regarding the crime of transporting forest product wood without having a legal certificate of forest product, it is a forestry crime or an act categorized as forest destruction which is strictly regulated in Article 16 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. Criminal liability for perpetrators of the criminal act of lifting forest products without being accompanied by a legal certificate of forest products has the elements of a criminal act of transporting wood forest products for which they can be punished. Decision Number 113/Pid.Sus-LH/2019/PN.Sdw, Decision Number 178/Pid.Sus/2018/PN.Pli and Decision Number 69/Pid.Sus/2019/PN.Lbh analysis of the judge's considerations every time he decides a case criminal acts regarding the transportation of timber forest products without a Forest Product Legality Certificate (SKSHH) in the three decisions to provide justice and legal certainty.