ANALISIS TINDAK PIDANA PEMBAKARAN HUTAN DI KABUPATEN KOTAWARINGIN TIMUR PROVINSI KALIMANTAN TENGAH

Putusan. Nomor. 70/Pid.B/LH/2020/PN Spt

Abstract

The purpose of the research in this thesis is to examine the Judge's Decision (No. 70/Pid.B/LH/2020/PN Spt) at the Sampit District Court, East Kotawaringin Regency, Central Kalimantan Province regarding: (1) How the Public Prosecutor's Charges against the perpetrators forest burning crime; (2) What is the judge's consideration in imposing a sentence on the perpetrators of the crime of forest burning; (3) How is the criminal application of the perpetrators of the crime of forest burning; (4 What is the attitude of the accused perpetrators of the crime of forest burning.
Forest fires are burning events that spread freely and consume natural fuels from the forest. The fuels in the forest itself are very diverse and spread from the forest floor to tree tops and forest canopy layers, all of which are part of the forest biomass. In Indonesia, natural events that cause forest fires are rare, often due to human factors, the case will become more complex. In this case, socio-economic factors and ignorance of the population are the main drivers of forest fires.
The problems that exist in (Decision Number. 70/Pid.B/LH/2020/PN Spt) at the Sampit District Court, East Kotawaringin Regency, Central Kalimantan, are: (1) How are the charges by the Public Prosecutor against the perpetrators of the crime of forest burning? (2) What is the judge's consideration in imposing a sentence on the perpetrators of the crime of forest burning? (3) How is the punishment applied to the perpetrators of the crime of forest burning? (4) What is the attitude of the accused perpetrators of the crime of forest burning?
The research method used is normative. This type of juridical research is sourced from statutory regulations, books, official documents, and research results as well as legal research methods that function to see the law in a real sense and examine how the law works in the community.
The conclusions in this thesis are: (1). Rudiansyah Als Rudi bin Mardan (late) was rightly accused because it was legally and convincingly proven guilty of committing a crime “which due to his negligence resulted in forest fires; (2). Imprisonment for 6 (six) months, detained in the remand center, and charged with a court fee of Rp. 5,000, - (five thousand rupiahs).
Keywords: Forest Burning Crime.