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Rini Armianti Berutu; Ramsul Nababan

This study aims to examine the application of sanctions for illegal logging violations based on the Forestry Law, with a case study focused on Kaban Tengah Village, STU Jehe Sub-district, Pakpak Bharat Regency. This research employs an empirical normative legal method using a case study approach. The study was conducted in Kaban Tengah Village, STU Jehe Sub-district, Pakpak Bharat Regency. The data utilized in this research consist of primary and secondary data. Data collection techniques include direct interviews, field observations, and documentation. The data analysis technique used is qualitative, comprising data reduction, data presentation, and data verification or conclusion drawing. The results indicate that illegal logging activities have complex and detrimental impacts on both the community and the environment. These include ecological damage such as increased landslide risk and loss of forest cover, disruption to village infrastructure, particularly main connecting roads, and economic losses due to damaged agricultural land and hampered crop distribution. Based on the findings and legal review of sanctions for illegal logging violations in Kaban Tengah Village, it was found that law enforcement against illegal logging activities has not been effectively implemented as stipulated in the Forestry Law. Law enforcement at the local level remains formalistic and has not addressed the root of the problem due to several challenges, including limited human resources, inadequate monitoring facilities, poor infrastructure, and lengthy and bureaucratic legal processes. Furthermore, the low level of legal awareness among the community and the involvement of local residents in illegal logging practices further complicate enforcement efforts, posing significant challenges for law enforcers in reviewing sanctions against illegal logging perpetrators in Kaban Tengah Village.

Kahar S. Laiya; Robby W. Amu; Arifin Tumuhulawa

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine and analyze the role and effectiveness of the forestry police in overcoming illegal logging crimes. The type of research used is empirical juridical, by collecting data based on facts in the field and analyzed qualitatively descriptive. The role of the forestry police includes non-penal and penal efforts. Non-penal efforts are in the form of prevention such as providing appeals for environmental conservation, reforestation, supervision of forest utilization permits, mapping of vulnerable areas, and improving the quality and quantity of personnel. Penal efforts include arresting perpetrators, confiscating evidence, making minutes of examination, and coordinating with other law enforcement officials. Factors affecting the effectiveness of the forestry police include legal substance, legal structure, community culture, facilities and infrastructure, area compared to the number of personnel, population growth, and increasing modus operandi due to high demand for timber. Synchronization of regulations between sectors is needed to avoid overlapping rules. The government also needs to strengthen forestry police infrastructure and encourage active community involvement in preserving forests in North Gorontalo District.

Hadyan Hindami; Nelvitia Purba

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of trade in protected wildlife threatens the preservation of biodiversity in Indonesia, especially in the Aceh and North Sumatra regions. This is because punishment does not provide a deterrent effect to the perpetrators and the involvement of officials in its implementation, so that law enforcement against the trade in protected wildlife has not been felt effective in the eyes of the public. In this thesis, the author wants to know the extent of the effectiveness of law enforcement carried out by Forestry Civil Servant Investigators (PPNS) against protected wildlife trade through issues related to law enforcement, obstacles in law enforcement and efforts that have been made to overcome these obstacles. This research was conducted in Section I of the Sumatra Regional Environmental and Forestry Law Enforcement Center. The research method used is a case study with a qualitative approach. Data was collected through interviews with PPNS Forestry and related parties, as well as analysis of documents related to protected wildlife trafficking cases. The results of the study show that the effectiveness of law enforcement by PPNS Forestry has been quite effective, although it is still faced with several obstacles in its implementation. Law enforcement against the trade in protected wildlife starts from preemptive, preventive, repressive and judicial actions. Light punishment, the use of undercover buy techniques, proof of evidence, involvement of officials, facilities and infrastructure, human resources and public awareness are still factors that hinder law enforcement. Therefore, efforts have been made to overcome these obstacles by revising the law, strengthening intelligence networks, adding and increasing human resources, coordinating with related agencies and socializing to the community. The author recommends that socialization be carried out to law enforcement officials regarding the equality of perception in the implementation of Law Number 32 of 2024 and establish close cooperation with the TNI and Polri intelligence networks and make strict rules against officers involved in the trade of protected wildlife.

Theo Gorand Gabrielo Sihite; Maya Shafira; Fristia Berdian Tamza

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Illegal trafficking of protected wildlife is an activity that is a threat to the survival of wildlife, Illegal trafficking categorized as a crime against wildlife includes: intentionally capturing, storing, possessing, maintaining, transporting and trading protected animals in a living condition. The problem in this thesis is what is the basis for the judge's legal considerations in passing a verdict against the perpetrator of the crime of trafficking in protected wildlife of the Siamang species in Decision Number: 134 / Pid.B / LH / 2023 / Pn Kla? is the judge's decision in imposing the sentence in accordance with substantive justice?, The research method used is normative and empirical juridical, The data used is primary and secondary data, data collection with literature studies and interviews. While data processing through the stages of data examination, data selection, data classification, and data systematization. The data that has been presented in the form of a description, discussed and analyzed descriptively qualitatively, to then draw conclusions. Based on the results of the study, it is known that the consideration of the Judge in Decision Number: 134 / Pid.B / LH / 2023 / Pn Kla in deciding the criminal case of trade in protected wildlife species of siamang, the Judge in Decision Number: 134 / Pid.B / LH / 2023 / Pn Kla related to the criminal act of trade in siamang species of wildlife considered the legal, sociological, and philosophical aspects according to Ahmad Rifai's theory. The legal aspect includes the sufficiency of evidence and the fulfillment of the elements of Article 40 Paragraph 2 in conjunction with Article 21 Paragraph 2 of Law No. 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems. Sociologically, the judge sees the impact of the defendant's actions on society and the environment. From a philosophical perspective, punishment is seen not as revenge, but an effort to educate the defendant not to repeat his actions. Finally, the judge sentenced him to 1 year and 4 months in prison and a fine of Rp25,000,000, subsidiary to 1 month in prison if the fine is not paid. The suggestion is that the government, law enforcement and stakeholders are expected to increase education to the community, especially around national parks/protected forests, not to trade in protected animals. This is important to prevent similar crimes and maintain the existence of protected animals in their habitat.    

Desi Optapia; Dona Raisa Monica; Fristia Berdian Tamza

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Forests play an important role in supporting the lives of Indonesian and even international communities. However, the problem of forestry crimes today is a fairly complicated problem to overcome. This is due to, among other things, the lack of regional boundaries, low intensity and effectiveness of patrol/supervision, very limited and unprofessional forest security personnel and facilities, weak coordination among law enforcement officers, weak law enforcement against violators and the lack of perception from community members themselves of the importance of forest resources for all mankind. Supreme Court Decision Number 121 K/PID.SUS-LH/2024 is the focus of this study, because it highlights the challenges and complexities in law enforcement against perpetrators of forestry crimes. In this regard, there are problems related to legal uncertainty, differences in legal interpretation, and the complexity of cases that influence judges' decisions at the cassation level. The problem in this study is how is the basis for the judge's considerations in sentencing perpetrators of forestry crimes and whether the decisions given are in accordance with the principles of substantive justice. This research method is carried out using a normative juridical approach and an empirical juridical approach. The data used are primary data and secondary data. The data collection procedure in writing this research is by means of literature and field studies. Data analysis uses qualitative analysis.

Hotman Manullang; Yasmirah Mandasari Saragih; Fauzan Fauzan; Zakaria Tambunan; Christine Natalia Pangaribuan

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Enforcement of criminal law in animal protection in Indonesia is increasingly becoming an important concern in line with increasing public awareness regarding animal rights. Even though Indonesia has a number of laws and regulations that regulate the protection of animals, such as Law no. 18 of 2009 concerning Animal Husbandry and Animal Health, in reality violations of animal rights still often occur, both in the form of physical violence and animal exploitation. This research aims to examine the extent to which criminal law in Indonesia can provide effective protection for animals, as well as the obstacles faced in its implementation. The focus of this research includes analysis of existing legal regulations, including Law no. 41 of 2014 concerning Forestry, as well as an evaluation of the effectiveness of criminal law enforcement in tackling acts of violence against animals. The research method used is a qualitative approach with literature studies and legal analysis to dig deeper into how legal protection for animals is implemented in practice, as well as the obstacles faced by law enforcement officials. It is hoped that this research will provide insight into the importance of stricter and more effective law enforcement, as well as provide recommendations for improving animal protection through policy adjustments and increasing public awareness.

Kossay, Methodius; Putra, Rengga Kusuma; Salwa, Athiyah

Hakim: Jurnal Ilmu Hukum dan Sosial 2024 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

Protected forests play a crucial role in preserving biodiversity and mitigating climate change. However, these areas face increasing threats from illegal activities, such as logging and land encroachment, which compromise environmental stability and result in significant economic losses. This study evaluates the implementation of criminal law in addressing environmental crimes within Indonesia's protected forest areas, focusing on the effectiveness and challenges encountered in enforcement. A qualitative ethnographic approach was employed, involving direct observation, in-depth interviews, and focus group discussions (FGDs) with local communities, law enforcement officials, and other stakeholders. The findings reveal that the effectiveness of law enforcement is hindered by several key factors: economic dependency on illegal activities, limited capacity and resources of law enforcement agencies, and external pressures from vested interests. Additionally, the lack of public awareness and inconsistent legal implementation exacerbate these challenges. Despite existing regulations, enforcement remains insufficient to deter environmental crimes or provide lasting protection for critical ecosystems. This study contributes to the understanding of the socio-economic and cultural dynamics that influence the effectiveness of environmental law enforcement. It underscores the need for a holistic strategy that integrates legal, economic, and community-based approaches. Recommendations include strengthening the capacity of law enforcement agencies, fostering public awareness through educational programs, and involving local communities and traditional leaders in collaborative conservation efforts. By addressing these gaps, the research provides actionable insights to enhance the preservation of protected forests in Indonesia and supports the development of more sustainable and inclusive environmental policies

Ambo Masse; Khaeriyah Khaeriyah; Nurasia Natsir

Jurnal MIMBAR ADMINISTRASI 2024 Universitas 17 Agustus 1945

The environmental licensing system is an important instrument in environmental protection. However, its implementation in Makassar City has not been optimal yet. This study aims to evaluate the environmental licensing system and analyze its impact on environmental protection in Makassar City. The research method used is descriptive qualitative, with data collection through interviews, observations, and document studies. The results show that the environmental licensing system in Makassar City has not been effective. There are several problems, such as convoluted procedures, lack of coordination between related agencies, as well as weak supervision and law enforcement. The impact of an ineffective environmental licensing system is the high level of pollution and environmental degradation in Makassar City. Some examples of cases found include the disposal of industrial waste into water bodies, deforestation of protected forests, and development that does not pay attention to environmental sustainability. To improve the effectiveness of the environmental licensing system and its impact on environmental protection, efforts are needed, such as simplifying procedures, enhancing coordination between agencies, strengthening human resource capacity, and imposing strict sanctions on violators.

Arnovan Pratama Surbakti; Yasmirah Mandasari Saragih; Sumarno Sumarno

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia is rich in diverse natural resources, namely animal natural resources and vegetable natural resources. One of the gifts of Almighty God which can be used as a source of the country's economy for national development. However, as time goes by, the species that breed in the forest are starting to become endangered. This is caused by the behavior of people or business entities who only think about personal interests without thinking about the impact of what they have done. A corporation involved in crimes involving protected wild animals will be charged in accordance with the applicable articles to provide a deterrent effect against the perpetrators. This research aims to find out the types of crimes against protected wild animals and to find out how law enforcement is carried out against corporations that commit crimes against protected wild animals based on Law of the Republic of Indonesia Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems. This research is normative legal research. The data collection method is by conducting a literature review of legal materials whose data sources come from secondary legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. The data is described qualitatively descriptively and then analyzed to obtain conclusions from the problem formulations.    

Edy Supandi; Parameshwara Parameshwara; Darwis Anatami; Erniyanti Erniyanti; Soerya Respationo

International Journal of Social Science and Humanity 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Forest and land fires are a serious problem that has a negative impact on the environment and the economy, especially in the Riau Islands region, including Bintan Regency. The background of this research is the high frequency of forest fires that cause ecosystem damage, air pollution, and significant economic losses. This study aims to analyze the forest and land fire prevention and law enforcement strategies that have been implemented and identify obstacles in their implementation. The research method used is qualitative with a case study approach. The data was collected through in-depth interviews with law enforcement officials, forestry officers, and local communities, as well as analysis of documents related to forest fires in Bintan over the past few years. In addition, questionnaires were also distributed to get a broader perspective on the effectiveness of existing strategies. The results of the study show that although there have been various prevention efforts such as routine patrols, socialization, and the installation of prohibition signs, the effectiveness is still not optimal. The main obstacles identified include limited resources, lack of community participation, difficulty in identifying perpetrators, hard-to-reach terrain, and pressure from certain parties. The lack of resources such as personnel and equipment, as well as the low level of public awareness and participation in forest fire prevention, are the main factors hindering the effectiveness of these strategies. In addition, pressure from landowners or influential parties often hinders firm and fair law enforcement. Suggestions for improving the effectiveness of prevention and enforcement strategies include increasing the budget and capacity of officers, the use of advanced technology for monitoring and investigation, and education and empowerment of local communities. In addition, there is a need for increased coordination between agencies and legal protection for officers who face pressure in carrying out their duties. With a comprehensive and inclusive approach, it is hoped that forest and land fires in Bintan can be minimized, so that a more sustainable environment and a stable economy can be realized