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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.