Criminal Law Policy Against Illegal Logging as an Effort to Protect National Forest Areas (Study on Solok Protection Forest Management Unit)

Abstract

The criminal act of illegal logging has been regulated in detail in Law Number 41 of 1999 concerning Forestry, although this law does not mention the existence of the term illegal logging. In an effort to improve ecological functions and restore natural resource reserves, the West Sumatra provincial government has made a policy to reduce the rate of forest destruction (per year) through efforts to reduce critical land area and maintain forest sustainability, including by protecting forests from illegal logging and forest fires that is the cause of forest destruction. The problems discussed in this study are (1) how is the criminal law policy carried out in the context of preventing and enforcing the law against illegal logging crimes? (2) what efforts can be made to enforce the law against illegal logging? This research is a legal research with analytical descriptive specifications. The approach used is the Normative Juridical approach as the main approach which is supported by the Empirical Juridical approach. The data used are secondary data and primary data collected through literature studies and interviews. The data obtained were analyzed qualitatively and presented in an analytical descriptive form. Based on the results of the discussion and analysis, it can be concluded that First, the Criminal Law Policy Implemented in the Context of Prevention and Enforcement of Illegal Logging is illustrated in the legal policy against illegal logging based on Law Number 41 of 1999 concerning Forestry which describes crimes in the forestry sector. as stated in Article 50 and Article 78, however regarding what is called a forestry crime is not formulated explicitly, giving rise to multiple interpretations in several circles. Second, law enforcement efforts against Illegal Logging crimes that can be carried out include harmonizing local regulations with Law Number 41 of 1999 concerning Forestry, imposing severe sanctions on perpetrators of illegal logging crimes, increasing coordination among law enforcement officials and with agencies. other related matters, Eradicating corruption through the application of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, Ensnare perpetrators of illegal logging in an integral (total) manner, and Adding facilities, infrastructure, and operational budget for handling illegal logging cases.