Application of Elements of Criminal Acts of Plantation Land Clearing in National Park Areas by Investigators of the South Coast Police Crime Squad
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The South Coast Police Crime Squad conducted an investigation into the crime of carrying out plantation activities without ministerial permission in forest areas. The difficulty of the South Coast Police Detective Investigator is to implement 'Elements in forest areas'. This happened because of the unclear boundaries of the National Park forest area. In the investigation process, the Investigator applied the provisions of Article 17 paragraph (2) letter b Juncto Article 92 paragraph (1) letter a of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction as Police Report Number: LP/25/A/II/2019/ Res-Pessel dated February 12, 2019. The application of the elements of the criminal act of clearing plantation land in the National Park area consists of subjective elements and objective elements. The subjective element is a person, then what is meant by everyone in this article is the perpetrator as a person who can account for his actions and the objective element is that his actions are unlawful, namely: "Elements intentionally, elements carrying out plantation activities, elements without the permission of the Minister and elements dnature forest area". According to investigators, the suspect's actions have fulfilled the formulation and elements of Article 17 paragraph (2) letter b Juncto Article 92 paragraph (1) letter a of Law Number 18 of 2013.
Aries Budi Widodo and Mahagiyani, Bankruptcy Analysis and Risk Mitigation in Plantation Companies, Journal of Plantation Management (JPP), Vol. 3, Number 1 March 2022.
Hajriyanti Nuraini, Nadia Astriani and Yulinda Adharani, "Administrative Penal Law in Environmental Law Enforcement After the Promulgation of the Job Creation Law", Journal of Master of Law Udayana, Vol. 11, Number 3 September 2022.
Muhammad Hirsandy Surgana, Law Enforcement Against Corporate Crime in the Forestry Sector in Riau Province, Master of Law Program at the Islamic University of Indonesia, Yogyakarta, 2015
Otong Rosadi, Natural Law, Pancasila and Legal Principles in Law Formation in Indonesia, Journal of Legal Dynamics, Master of Law at Ekasakti University Padang, Vol. 10 No. 3 September 2010.
Salim H.S, Fundamentals of Forestry Law, Sinar Grafika, Jakarta, 2011,
Satjipto Rahardjo, Law Enforcement Issues, Citra Aditya Bakti, Bandung, 2006.
Subhan, Analysis of Forest Damage in Gunung Leuser National Park Forest Area Region VI Besitang National Park Management Section, Master of Law Program Postgraduate Program of the University of North Sumatra, Thesis, 2010.
Sukanda Husin, Environmental Law Enforcement, Sinar Grafika, Jakarta, 2020,
Tolib Effendi, Criminal Justice System; Comparison of Components and Processes of Criminal Justice Systems in Several Countries, Pustaka Yustisia, Yogyakarta, 2013.
Tongat, Fundamentals of Indonesian Criminal Law in the perspective of renewal, Malang, UMM Pres, 2012.
Widartiningsih, Forestry Crime: Involvement and Accountability of Forest Policy Operators, Setara Press, Malang, 2014.
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