KETERANGAN AHLI KANTOR PERTANAHAN DALAM MEMBUKTIKAN TINDAK PIDANA PEMBAKARAN LAHAN DI KABUPATEN TANJUNG JABUNG TIMUR

M. ANSORI ARIF, M. ANSORI ARIF (2021) KETERANGAN AHLI KANTOR PERTANAHAN DALAM MEMBUKTIKAN TINDAK PIDANA PEMBAKARAN LAHAN DI KABUPATEN TANJUNG JABUNG TIMUR. Tesis thesis, Universitas Batanghari.

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Abstract

ABSTRACT M. Ansori Arif / B18031056 / 2021 / Expert statement from the Land Office in proving the criminal act of burning land in Tanjung Jabung Timur Regency / Dr. M. Muslih, S.H., M.H., as Advisor I / Dr. Ruslan Abdul Gani, S.H., M.H., as Advisor II. Enforcement of the criminal law against the arsonists is a way to be taken so that forest and land burning does not happen again. there are cases of land burning in the Tanjung Jabung Timur District Court 4 (four) cases of land burning in the Tanjung Jabung Timur District Court, namely 1) Case number 73 / Pid.Sus / LH // 2017 / PN Tjt. 2) Case number 104 / Pid.B / LH // 2019 / PN Tjt. 3) Case number 1 / Pid.Sus / LH // 2020 / PN Tjt. 4) Case number 63 / Pid.B / LH // 2020 / PN Tjt. Of the 4 cases above, each indictment from the public prosecutor is Law Number 39 of 2014 concerning Plantations, which does not regulate and state in detail the problem of burning area limits, unlike in Law Number 32 of 2009 concerning Environmental Protection and Management. , since 2019, it always presents experts from the Tanjung Jabung Timur Land Office who have the task of taking coordinates to find out the area of the land parcel. This is the purpose of this study, namely to find out the Expert Statement of the Land Office in proving the crime of burning land in Tanjung Jabung Timur Regency, and to find out the correlation between the Expert Statement of the Tanjung Jabung Timur Land Office and the decision of the Tanjung Jabung Timur District Court. The research method with the type of empirical juridical approach is to examine the juridical regulations that regulate expert information as a means of proof in the settlement of criminal cases, from an empirical point of view, namely examining the realities that occur in the criminal justice process. Expert testimony from the Land Office is more in the character of building the image and performance of the charges / charges in other words without Expert Information from the Land Office the case can be continued and logically proven, because land burning in Tanjung Jabung Timur is always resolved by using the Republic of Indonesia Law No. 39 of 2014 concerning plantations that do not regulate the minimum area of fire, thus involving the Land Office expert's statement will indirectly increase expenses / costs which are contrary to simple, fast and low cost judicial principles. Expert Statement from the Tanjung Jabung Timur Land Office in proving the criminal act of burning land, namely: Expert Examination Report (BAP) prepared by Police investigators based on expert testimony from the Land Office is evidence. consider in making the judge's decision in the criminal case of land burning in Tanjung Jabung Timur. Suggestions In order for the implementation of the judiciary to be carried out effectively and efficiently, if using RI Law no. 39 of 2014 concerning Plantations because it does not require a formal requirement for the size of the area of land burned, but if using the Republic of Indonesia Law No. 32/2009 concerning Environmental Protection and Management is required to present Expert Information from the Land Office. If the Expert Land Office's testimony is directly proportional to the testimony of the witness, the defendant's testimony and other evidence, it is best if the Judge includes the expert testimony of the Land Office included in the consideration of the Court's verdict. Keyword : Expert statement, proof, burning land

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