Open AccessReason of criminal remover on the criminal action in forestry after decision of the constitutional court number 95/PUU-XII/2014
Author(s) -
Amir Ilyas,
Marlyn Jane Alputila
Publication year - 2019
Publication title -
iop conference series. earth and environmental science
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.179
H-Index - 26
eISSN - 1755-1307
pISSN - 1755-1315
DOI - 10.1088/1755-1315/343/1/012103
Subject(s) - principle of legality , constitutional court , law , political science , forestry , criminal procedure , court decision , normative , geography , constitution
The purpose of this study was to determine the power of enforceability of forestry crime after the decision of the Constitutional Court Number 95/PUU-XII/2014; and the reasons for criminal offenses in the forestry sector so that it fulfills the legality principle after the decision of the Constitutional Court Number 95/PUU-XII/2014. This study used normative juridical research with primary legal materials (laws and decisions of the constitutional court) and secondary legal materials (literature on forestry law and criminal law). Analysis of legal material was carried out using qualitative analysis, describing vague legal norms, then legal interpretation. The results showed that the enforceability of forestry crimes after the decision of the Constitutional Court Number 95 / PUU-XII/2014 was final and binding, with the reason that the criminal cancellation only applies to individuals, did not apply to corporations. The reason for eradicating criminal acts of forestry to fulfill the principle of legality was that the reason for removing crimes in the phrase: “excluded from people who live for generations in the forest” must be interpreted as someone who has for generations taken advantage of regional forests that depend on their livelihoods. For examples clothing, food and shelter from the forest. Whereas “not intended for commercial purposes” was an area forest utilization activity that did not cause forest damage and negative impacts on natural ecosystems.