| dc.description.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. | en_US |
