Penerapan Ketentuan Pasal 108 Junto Pasal 68 Ayat (2) Undang-Undang Nomor 32 Tahun 2009 Perlindungan dan Pengelolaan Lingkungan Hidup (Studi terhadap Putusan Pengadilan Negeri Balige Nomor 194/Pid.B/LH/2021/PN Blg Lingkungan Hidup)

Abstract

The criminal act of burning land is accommodated in several laws and regulations. The imposition of criminal sanctions on the perpetrators of land burning in the Decision of the Balige District Court Judge Number 194/Pid.B/LH/2021/PN Blg is not optimal because it imposes sanctions under a minimum penalty. The Panel of Judges in trying the case of the criminal act of land burning is considered to have damaged the values contained in legal certainty. There is a basis and guideline for judges in making decisions under minimum punishment. This research is a normative legal research type and is supported by primary data in the form of interviews from Judges at the Balige District Court. This research is a descriptive analysis which analyzes and explains something that is done in a way that does not go outside the scope of the problem and is based on a general theory or concept. The approach used in this study is the statutory approach and the case approach. The conclusion in this study is that the provisions for the criminal act of burning land are regulated in Article 108 of the PPLH Law in conjunction with Article 69 paragraph (1) of the PPLH Law which is a formal offense. The application of criminal law to perpetrators in the crime of land burning is related to the provisions of article 108 in conjunction with article 69 paragraph (2) of Law Number 32 of 2009 Concerning Environmental Protection and Management in the Decision of the Balige District Court Judge Number 194/Pid.B/LH/2021 /PN Blg is based on the sociological aspects of actors who continue to survive by farming, besides that there is a conflict of norms. It can be said that the decision of the Panel of Judges at the Balige District Court Number 194/Pid.B/LH/2021/PN.Blg does not fulfill a sense of justice. The verdict of the panel of judges in this case and the demands put forward by the prosecutor are even less than 1/3 of the criminal sanctions stipulated in the Forestry Law, Environmental Law and Plantation Law. The recommendation in this study is, with the regulation of forest and/or land burning, it is hoped that law enforcers will be more assertive in handling cases related to forests and/or land. Norm conflicts between laws and regulations governing the issue of forest and land burning must be resolved immediately in order to create legal certainty