Urgensi Sertifikat Hak Milik sebagai Alat Bukti dalam Penyidikan Kasus Perusakan Tanaman/Tumbuhan di Tapanuli Utara dan Humbang Hasundutan

Abstract

Destruction of crops as a criminal act is often found to have not been resolved optimally in North Tapanuli and Humbang Hasundutan. The main obstacle for investigators is the absence of a Certificate of Ownership (SHM) for the victim/reporter. The objectives of this research are: To determine the relationship between land ownership and the plants/vegetation found on it according to the concept of land law in Indonesia; To find out and analyze the perspective of police investigators in the process of proving or determining evidence at the inquiry/investigation level, in connection with acts of destruction of plants/plants belonging to residents in North Tapanuli and Humbang Hasundutan which occurred on land that was not certified as ownership; To analyze and find law enforcement solutions for the police in order to provide legal protection to victims and legal sanctions to perpetrators of criminal acts in investigating cases of plant/plant destruction in the North Tapanuli and Humbang Hasundutan areas. The research method used in this thesis research is normative juridical, referring to legal norms, through literature study to obtain secondary data in the form of primary, secondary and tertiary legal materials. The nature of the research is analytical descriptive, the research approach uses a statutory approach and a case approach. Data analysis uses qualitative methods. There is also supporting data obtained from interviews with several victims/reporters, advocates/LBH, and local police. The research results show that in terms of land ownership and plant ownership, in Indonesia the principle of "Horizontal Separation" applies. Likewise, based on several court decisions that have permanent legal force and existing jurisprudence, the criminal act of destroying plants is not connected with land ownership disputes, and SHM is not so urgent as investigators in this case view it as evidence that seems to be "absolute". The absence of follow-up investigations means that the legal process is incomplete, because the prosecution and punishment stages are not realized, creating a deterrent effect on perpetrators and legal protection for victims is not fulfilled.