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Pertimbangan hukum hakim dalam putusan perkara kebakaran hutan dan lahan

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The judge decided on Article 99 in a case and chose to rule based on Article 99 paragraph (1),
indicating that the judge assessed the environmental violation as being caused by negligence rather
than intent. Therefore, the punishment imposed is lighter compared to the sanctions under Article 98
paragraph (1), although still severe, considering the environmental impact caused. The purpose of this
study is to analyze the legal considerations of judges in their decisions on forest and land fire cases
and to examine the legal provisions concerning the criminal act of forest and land burning in
Indonesia. The method used is normative legal research. Based on the research findings, it was
revealed that the legal considerations of judges in decisions on forest and land fire cases involve
assessing various legal aspects and evidence presented during the trial. The judges evaluate whether
the defendant's actions fulfill the elements of a criminal act as stipulated in the relevant laws. Proof of
intent, negligence, and the impact of the fire are crucial aspects. The verdict is also influenced by the
extent of environmental damage, the impact on public health, and the economic losses incurred.
Additionally, the judge considers the defendant's active role or negligence in preventing the fire. In
some rulings, as in the above case, although the defendant burned the land on orders from another
party, malicious intent or intent was not found. Regarding the legal provisions for forest and land
burning in Indonesia, Law Number 32 of 2009 strictly prohibits such acts. Article 69 paragraph (1)
letter h prohibits land clearing by burning, while Article 108 stipulates criminal sanctions for
offenders with imprisonment ranging from 3 to 10 years and fines varying from IDR 3 billion to IDR
10 billion. Harsher penalties are imposed if the act causes environmental pollution or endangers
human health, as regulated in Articles 98 and 99. In cases where burning causes serious injury or
death, the punishment can reach 15 years in prison and fines of up to IDR 15 billion. Additionally,
business entities found guilty of this crime may face additional sanctions such as license revocation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

345 HAN p H.PIDANA 2024

Penerbit

Pekanbaru : Universitas Lancang Kuning., 2024

Deskripsi Fisik

ix, 200 halaman : ilustrasi ; 30 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

345

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

Hukum Pidana

Info Detail Spesifik

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Pernyataan Tanggungjawab

Hanipah

Versi lain/terkait

Lampiran Berkas

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