Analisis Kewenangan Penyidik Pegawai Negeri Sipil Perkebunan dan Penyidik Pegawai Negeri Sipil Lingkungan Hidup dalam Melakukan Penyidikan Tindak Pidana Lingkungan Hidup di Lahan Perkebunan

Abstract

Based on chapter 48 verse (1), chapter 50 verse (1) of the Law 18/2004 regarding the estate, it has been said that there is criminal matter of live environment in estate farm related to criminal of opening and/or cultivating estate farm by burning leading to pollution and environmental degradation; and criminal matter of distributing, trading the estate product that break the prohibition such as: quality manipulation and/or package of estate product, using auxiliary materials to produce the estate product, mixing the estate product with another materials to destroy the function of life environment; actually they have the same attitudes and characteristic as that of chapter 41 verse (1), chapter 43 verse (1) of the Law No. 23/1997 regarding the Cultivation of Life Environment, i.e., criminal matter of breaking the law leading to pollution and/or environmental degradation; and criminal matter of breaking the applicable statues, import, export, trade, tough they have god knowledge and reasons to assume that what they are commit ting will led to pollution and/or environmental degradation. One of solution offered in this paper is : to find out the foundation of law to be proposed as prosecution reason for criminal matter leading to pollution and degradation the gradation of life environment. Once the reason of law prosecution known, it should be then known which PPNS to have the authority in making the investigation for those criminal matter. The solution is to apply the Law No. 23/1997 regarding Management of Life Environment, thus the authorizing PPNS for investigation should be PPNS of Live Environment. This research is based on normative juridical research supported by library research, primary data, secondary and tertiary data. The result of research indicates that the similarity of attitudes and characteristics of criminal mater mentioned above than more toward the problem of life environment, thus there should be the certainity in prosecution basis application for the criminal matters. This certainity will be to realize the law enforcement and authority of the investigators. Because as consequence, if PPNS in fact those not have the authority to make the investigation for criminal matter of life environment, all set of investigation activities and all investigation Official news issued, will become invalid. It is also suggested; in presence of claim between PPNS of estate and PPNS of life Environment for authority of investigation, police can take the role to decide which PPNS is to act as investigator, and if one of the PPNS is not satisfied whit the decision, then Police investigator can be reached through constitution of Court in basis of claim for authority conflict between government institutions.