对西南亚齐地区焚烧森林和土地人员的刑事执法

M. Nur, Fazzan, Azhari, Dollar, Nouvan Moulia
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引用次数: 0

摘要

林业部门的犯罪行为是“违反2013年第18号法律关于防止和消除森林破坏(P3H)的规定的行为,并威胁对非法违法者进行刑事制裁”。根据2013年关于防止和破坏森林的第18号法和2014年关于人工林的第39号法,森林破坏,特别是非法采伐、无证采矿和无证种植,给国家造成了损失,给社会和文化生活造成了损害。而环境,以及日益加剧的全球变暖已经成为一个国家,地区和国际问题。本研究的目的是分析对焚烧森林和土地肇事者的刑事执法,执法人员在铲除焚烧森林和土地肇事者方面面临的障碍,以及在亚齐巴拉特大亚区处理焚烧森林和土地犯罪行为问题的努力。这种类型的研究是经验法学的,研究数据是通过采访几个来源获得的,这些来源包括亚齐西南部地区林业和环境服务局、亚齐西南部地区灾害管理局、印度尼西亚亚齐西南部地区环境论坛和西亚齐地区警察。权力和当地社区。研究结果表明,对森林火灾肇事者的执法考虑是基于被烧毁的森林面积、肇事者的年龄因素、被告是家庭的中坚力量、被告从未被定罪或被告是居民。同时,执法人员根除肇事者的障碍是自然因素,自然因素由于火灾发生地点的条件难以接近而成为障碍,法律因素极大地影响了法律的适用,但如果法律没有多重解释,那么执法人员将难以执法,更不用说实施纵火了。森林和土地仍然很贫瘠。此外,该因素是西南亚齐警察Satreskrim股缺乏执法人员,即只有2名调查员可用,而设施和基础设施因素,即西南亚齐警察缺乏环境实验室设施和缺乏汽车运输设施,缺乏环境专家的因素应该在每个地区提供和增加专家,特别是在森林和土地火灾领域,社区因素,也就是说,人们在开辟新土地时必须遵守现有的规定和社区习惯。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ENFORCEMENT OF CRIMINAL LAW AGAINST THE PERSONNEL OF BURNING FOREST AND LAND IN SOUTHWEST ACEH DISTRICT
Criminal acts in the forestry sector are "acts that violate the provisions of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction (P3H) with the threat of criminal sanctions for anyone who violates the law unlawfully". According to Law No. 18 of 2013 concerning prevention and destruction of forests, and Law No. 39 of 2014 concerning Plantations, that forest destruction, especially in the form of illegal logging, mining without permits, and plantations without permits, has caused losses to the state, damage to social and cultural life. and the environment, as well as increasing global warming which has become a national, regional and international issue. The purpose of this study was to analyze criminal law enforcement against perpetrators of forest and land burning, the obstacles faced by law enforcers in eradicating forest and land burning perpetrators and efforts to deal with the problem of criminal acts of forest and land burning in Aceh Barat Daya District. This type of research is empirical juridical, where the research data was obtained by interviewing several sources, both from the Southwest Aceh District Forestry and Environment Service, the Southwest Aceh District Disaster Management Agency, the Indonesian Forum for the Environment of Southwest Aceh District and the West Aceh District Police. Power and the local community. The results of the study show that law enforcement against perpetrators of forest fires is considered based on the area of forest burned, the age factor of the perpetrators, the defendant is the backbone of the family and the defendant has never been convicted or is a resident. Meanwhile, the obstacle for law enforcers in eradicating perpetrators is natural factors which are an obstacle because the condition of the location of the fire is difficult to access, the law factor greatly influences the application of the law, but if the law does not have multiple interpretations, then law enforcers will find it difficult to enforce the law, let alone the imposition of arson. forest and land is still low. In addition, the factor is the lack of law enforcers in the Southwest Aceh Police Satreskrim Unit, namely only 2 investigators available, while the facilities and infrastructure factor, namely the absence of environmental laboratory facilities at the Southwest Aceh Police and the lack of car transportation facilities, the factor of the lack of environmental experts should provide and adding experts in each region, especially in the field of forest and land fires, community factors, namely that people must obey existing regulations, as well as community habits in opening new land.
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