Analisis Yuridis Tindak Pidana Pencurian Diwilayah Perkebunan Kelapa Sawit Yang Dilakukan Dengan Pengancaman (Studi Putusan Perkara Pidana Nomor: 454/Pid.B/2024/Pn.Stb)

Abstract

The application of criminal sanctions under the current plantation law and the Criminal Code is still inconsistent with the current legal framework. Further research is needed regarding the criminal act of theft in oil palm plantations committed by threats. Based on this background, this research will analyze the legal provisions, evidence, and application of the law regarding the crime of theft of oil palms committed by threats, as stated in the decision of criminal case number 454/Pid.B/2024/PN.Stb. This research was conducted using normative juridical legal research methods and is descriptive and analytical. The research data were secondary data collected using a literature review. Data analysis was conducted using qualitative analysis. The criminal law provisions related to the crime of theft of oil palms committed by threats are regulated under Article 363 of the Criminal Code. In the context of the theft of company-owned oil palms, the provisions are specifically regulated under Article 107 of Law Number 39 of 2014 concerning Plantations. The legal evidence remains within the evidentiary corridor as referred to in Article 184 of the Criminal Procedure Code concerning evidence in criminal cases and in the context of palm oil theft must be in accordance with evidence directly related to the crime. There was an error in the application of the law in the decision of criminal case number: 454 / Pid.B / 2024 / PN.Stb the judge who tried the case did not comprehensively assess the evidence and legal facts present in the trial and only focused on the evidence of the Public Prosecutor. The Convicts have succeeded in proving the main criminal issues related to the basis of rights, the purpose of securing palm oil fruit, witness statements, and expert statements, and the Convicts' statements were set aside by the Judge, and were proven by the Appeal and Cassation decisions that have permanent legal force which declared the Convicts not guilty. Based on the above research, the researcher's suggestion is that a regulation is needed related to problems that often occur in the context of palm oil theft, theft regulated in the Criminal Code is considered by the public to provide less legal certainty. The evidence in criminal cases must be balanced.