Penegakan Hukum Pidana Kehutanan terhadap Pelaku Pengangkutan Kayu Hasil Hutan Tanpa Memiliki Surat Keterangan Sahnya Hasil Hutan (SKSHH)

Abstract

Forestry criminal law enforcement related to perpetrators of transporting forest wood without having a certificate of legality of forest products (SKSHH) is regulated in Law Number 41 of 1999 concerning forestry and Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. Law enforcement based on the provisions of the regulations above, is related to several decisions, namely Number 542 K/Pid.Sus-LH/2024, Decision Number 3510 K/Pid.Sus-LH/2022, Decision Number 6239 K/Pid.Sus-LH/2023. The judge considered that in accordance with Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, enforcement is given criminal sanctions in the form of imprisonment and fines. The purpose of this study is to analyze and determine the provisions of the Forestry Criminal Law against perpetrators of transporting forest timber products without having a Certificate of Legality of Forest Products (SKSHH), Criminal Responsibility for perpetrators of transporting forest timber products without having a Certificate of Legality of Forest Products (SKSHH), Judges' Considerations Based on Several Decisions in Law Enforcement Against Forest Product Transporters. The research method used is normative legal research and the nature of analytical descriptive research. The research approach used is the statutory regulatory approach and the decision approach. Secondary data sources. Literature study data collection techniques as a document study tool. Qualitative data analysis. The results of this study are 1) The provisions of forestry criminal law are stated in Law Number 41 of 1999 and Number 18 of 2013 as last amended by Law Number 6 of 2023 concerning Perpu Number 2 of 2022 concerning Job Creation into Law, which has provided legal certainty. 2) Criminal liability based on the first analysis of Supreme Court Decision Number 6836 K/Pid.Sus-LH/2022 has been fulfilled, but in the second analysis of Supreme Court Decision Number 6706 K/Pid.Sus-LH/2022 the provisions in Article 55 and 56 paragraph (1) of the Criminal Code and Article 12 letters d and e of Law Number 18 of 2013 have not fulfilled the elements of criminal liability so that they are declared free, whereas in these provisions it has been regulated. 3) Law enforcement in several decisions has provided legal certainty, justice, and benefits. These things are considered and considered by the judge in making the fairest possible decision against the perpetrators of forestry crimes. The judge's consideration for balance in the community order, ensures that forest products are utilized in accordance with the correct procedures.