Konstruksi Perbuatan Melawan Hukum Pidana Kehutanan Terhadap Penebangan Hutan Di Luar Rencana Kerja Tahunan Pada Pemilik Izin Usaha Pemanfaatan Hasil Hutan Kayu
| Main Authors: | , Alasman Mpesau, , Prof. Dr. Marcus Priyo Gunarto, S.H., M.Hum |
|---|---|
| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
|
| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/126236/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=66443 |
Daftar Isi:
- Deforestation outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) by looking its effect on the destruction of forest is a tort construction against forestry criminal law, but on the legislation of Article 74 Government Regulation 6 of 2007 on Forest Management, Forest Management Plan and Forest Utilization is a violation of the obligation thus creates an uncertainty law. In accordance, this study aims to find the tort construction against forestry criminal law against deforestation outside the annual work plan on timber product utilization business license owner. This research is a descriptive analysis which describe the problems in this research, then the analysis is carried out based on the principles of criminal law and forestry legislation,thus it finds a tort construction on forestry criminal law in the logging outside of the annual work plan on the timber product utilization business license owner�supported by the case study approach of Adelin Lis, General/Finance Director PT. KNDI that carried out logging outside the RKT since 2000 until 2005. Based on the opinion of legal criminal expert Van Bemmelen, there is no difference between the meanings of the criminal law against the law in the legal sense against the law in the field of civil law. Van Bemmelen�s opinion is reinforced by Pompe who stated that the meaning of wederrechtelijk (the characteristic of violating law in criminal law) is in accordance to the meaning of onrechtmatige (violating behavior in civil law) to refer to the decision of the Hoge Raad, 31 January 1919. Therefore logging outside RKT on IUPHHK meets the tort construction against the forestry criminal law of Law No. 41 of 1999 on Forestry