Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests

Sofia Jaflean(1email), Margie Gladies Sopacua(2), Iqbal Taufik(3)


(1) Faculty of Law Pattimura University, Ambon, Indonesia
(2) Faculty of Law Pattimura University, Ambon, Indonesia
(3) Faculty of Law Pattimura University, Ambon, Indonesia
email Corresponding Author
CrossMark

Abstract


Introduction: Forests are natural resources that provide great benefits for human welfare, both tangible benefits that are felt directly, and intangible benefits that are felt indirectly.

Purposes of the Research: Reviewing and discussing Analyzing and discussing efforts to enforce criminal law in the forestry sector in the case of destruction of customary forests in the State of Sabuai.

 

Methods of the Research: Descriptive analytical research using a normative juridical approach is formulated in the results of literature research and the obtained legal materials will be analyzed and studied in a structured research system so that the results will draw conclusions and be equipped with suggestions.

Results of the Research: Indigenous peoples are very dependent on the forest, because the forest is a gift from their ancestors that must be preserved which is called the customary forest. Customary forests are forests that are in the territory of customary law communities. The definition of customary forest refers to the status of the forest area. Indigenous peoples have authority over forest areas but within the framework of state ownership. Therefore, customary law communities have customary rights over the land they occupy and own is in a forest area. In 2018 CV Sumber Berkat Makmur was designated as the holder of a Location Permit for Nutmeg Plantation Business Needs on behalf of CV Sumber Berkat Makmur located in Sabuai Village, Siwalalat District, Eastern Seram Regency. Based on the Decree, a recommendation from the Governor of Maluku was issued Number: 528/64 of 2018 dated February 1, 2018 concerning the Granting of a Location Permit for Nutmeg Plantation Business Needs on behalf of CV Sumber Berkat Makmur which is located in Sabuai Village, Siwalalat District, Eastern Seram Regency which on the basis of The Decree was issued by the Governor of Maluku Recommendation Number: 552-43 of 2018 concerning Land Suitability with the Macro Plan for Plantation Development of the Maluku Province to CV Sumber Berkat Makmur. Efforts to enforce criminal acts in the field of legal forestry against cases of destruction of customary forests in Sabuai Village, including efforts to instill customary law values in the community, optimize and prioritize criminal law enforcement against destruction of customary forests in Sabuai village, increase public awareness not to participate in regarding the destruction of customary forests in Subai Village, holding socialization related to legal rules relating to customary forests, as well as their legal consequences or consequences, and the need to establish a supervisory body for customary forests in Sabuai Village.

Keywords


Efforts; Law Enforcement; Crime; Forestry; Customary Law.


DOI


10.47268/tatohi.v2i3.920

Published


2022-04-28

How To Cite


APA: Jaflean, S., Sopacua, M.G., & Taufik, I. (2022). Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests. TATOHI: Jurnal Ilmu Hukum, 2(3), 272–280. DOI: https://doi.org/10.47268/tatohi.v2i3.920.
IEEE: S. Jaflean, M.G. Sopacua, and I. Taufik, "Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests", TATOHI J. Ilmu Huk., vol. 2, no. 3, pp. 272–280, Apr. 2022. Accessed on: May. 24, 2024. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v2i3.920
Harvard: Jaflean, S., Sopacua, M.G., and Taufik, I., (2022). "Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests". TATOHI: Jurnal Ilmu Hukum, Volume 2(3), pp. 272–280. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v2i3.920 (Accessed on: 24 May 2024)
Chicago: Jaflean, Sofia, Margie Gladies Sopacua, and Iqbal Taufik. "Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests." TATOHI: Jurnal Ilmu Hukum 2, no. 3 (April 28, 2022): 272–280. Accessed May 24, 2024. doi:10.47268/tatohi.v2i3.920
Vancouver: Jaflean S, Sopacua MG, Taufik I. Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests. TATOHI J. Ilmu Huk. [Internet]. 2022 Apr 28 [cited 2024 May 24];2(3):272–280. Available from: https://doi.org/10.47268/tatohi.v2i3.920
MLA 8th: Jaflean, Sofia, Margie Gladies Sopacua, and Iqbal Taufik. "Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests." TATOHI: Jurnal Ilmu Hukum, vol. 2, no. 3, 28 Apr. 2022, pp. 272–280, doi:10.47268/tatohi.v2i3.920. Accessed 24 May. 2024.
BibTeX:
@article{TATOHI920,
		author = {Sofia Jaflean and Margie Sopacua and Iqbal Taufik},
		title = {Efforts to Enforce Criminal Laws in the Forestry Sector Against Cases of Destruction of Customary Forests},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {2},
		number = {3},
		year = {2022},
		keywords = {Efforts; Law Enforcement; Crime; Forestry; Customary Law.},
		abstract = {Introduction: Forests are natural resources that provide great benefits for human welfare, both tangible benefits that are felt directly, and intangible benefits that are felt indirectly.Purposes of the Research: Reviewing and discussing Analyzing and discussing efforts to enforce criminal law in the forestry sector in the case of destruction of customary forests in the State of Sabuai. Methods of the Research: Descriptive analytical research using a normative juridical approach is formulated in the results of literature research and the obtained legal materials will be analyzed and studied in a structured research system so that the results will draw conclusions and be equipped with suggestions.Results of the Research: Indigenous peoples are very dependent on the forest, because the forest is a gift from their ancestors that must be preserved which is called the customary forest. Customary forests are forests that are in the territory of customary law communities. The definition of customary forest refers to the status of the forest area. Indigenous peoples have authority over forest areas but within the framework of state ownership. Therefore, customary law communities have customary rights over the land they occupy and own is in a forest area. In 2018 CV Sumber Berkat Makmur was designated as the holder of a Location Permit for Nutmeg Plantation Business Needs on behalf of CV Sumber Berkat Makmur located in Sabuai Village, Siwalalat District, Eastern Seram Regency. Based on the Decree, a recommendation from the Governor of Maluku was issued Number: 528/64 of 2018 dated February 1, 2018 concerning the Granting of a Location Permit for Nutmeg Plantation Business Needs on behalf of CV Sumber Berkat Makmur which is located in Sabuai Village, Siwalalat District, Eastern Seram Regency which on the basis of The Decree was issued by the Governor of Maluku Recommendation Number: 552-43 of 2018 concerning Land Suitability with the Macro Plan for Plantation Development of the Maluku Province to CV Sumber Berkat Makmur. Efforts to enforce criminal acts in the field of legal forestry against cases of destruction of customary forests in Sabuai Village, including efforts to instill customary law values in the community, optimize and prioritize criminal law enforcement against destruction of customary forests in Sabuai village, increase public awareness not to participate in regarding the destruction of customary forests in Subai Village, holding socialization related to legal rules relating to customary forests, as well as their legal consequences or consequences, and the need to establish a supervisory body for customary forests in Sabuai Village.},
				issn = {2775-619X},		pages = {272--280}			doi = {10.47268/tatohi.v2i3.920},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/920}
		}
		
RefWorks:

   


Angga, La Ode, Barzah Latupono, Muchtar Anshary Hamid Labetubun, and Sabri Fataruba. “Effectiveness of Law Number 41 the Year 1999 in the Case of Illegal Logging in Maluku Province.” Cepalo 3, no. 2 (2019): 141–52. https://doi.org/10.25041/cepalo.v3no2.1848.

Bawono, Bambang Tri, and Anis Mashdurohatun. “Penegakan Hukum Pidana Di Bidang IllegalLogging Bagi Kelestarian Lingkungan Hidup Dan Upaya Penanggulangannya.” Jurnal Hukum 26, no. 2 (2011): 590–611. https://doi.org/10.26532/jh.v26i2.211.

Faiz, Pan Mohamad. “Teori Keadilan John Rawls.” Jurnal Konstitusi 6, no. 1 (2009): 135–49.

Kertasapoetra, G. Hukum Tanah: Jaminan Undang-Undang Pokok Agraria Bagi Keberhasilan Pendayagunaan Tanah. Jakarta: Rineka Cipta, 1991.

Labetubun, Muchtar Anshary Hamid, La Ode Angga, and Sabri Fataruba. “Hawear As Customary Law In Protecting And Conserving Marine Resources In Southeast Maluku Regency.” Technium Social Sciences Journal 25 (2021): 146–55. https://techniumscience.com/index.php/socialsciences/article/view/4874.

Mangunwijaya, Fachruddin Majeri. Hidup Harmonis Dengan Alam. Jakarta: Yayasan Obor Indonesia, 2017.

Mawardi. “Mawardi, Implikasi Hak Kesatuan Masyarakat Hukum Adat Dalam Pengelolaan Tanah Kawasan Hutan Di Kabupaten Lombok Utara Implications Of The Right For Unity Of Customary Law Communities In The Management Of Forest Area Land In The Regency Of North Lombok (St.” Jurnal IUS Kajian Hukum Dan Keadilan 1, no. 3 (2013): 553–75.

Nur, Abdul Rahman. Hukum Kehutanan. Bogor: Guepedia, 2018.

Pratasi, Suprima Ollifica. “Implementasi Teori Keadilan Komutatif Terhadap Pelaku Pemerkosaan Menurut Pasal 285 KUHP.” Lex Et Societatis 2, no. 5 (2014): 51–61.

Salamat, Yusuf. “Pengaturan Mengenai Hak Atas Tanah Masyarakat Hukum Adat (Studi Kasus Pengakuan Terhadap Hak Atas Tanah Masyarakat Hukum Adat Dayak Di Kalimantan Tengah).” Jurnal Legilasi Indonesia 13, no. 04 (2016): 411–20.

Sanyoto. “Penegakan Hukum Di Indonesia.” Jurnal Dinamika Hukum 8, no. 3 (2008): 199–204.

Soekanto, Soerjono, and Sri Mamudji. Penelitian Hukum Normatif, Suatu Tinjauan Singkat. Jakarta : Raja Grafindo Persada. Jakarta: Rajawali Pers, 2015.

Sopacua, Margie Gladis, Elsa Rina Maya Toule, Leonie Lokollo, Yonna Beatrix Salamor, and Astuti Nur Fadillah. “The Effectiveness of Parole for Prisoners during the Covid-19 Pandemic.” Journal of Advances in Education and Philosophy 4, no. 11 (2020): 478–82. https://doi.org/10.36348/jaep.2020.v04i11.008.

Ubbe, Ahmad. Penelitian Hukum Tentang Peran Masyarakat Hukum Adat Dalam Penanggulangan Pembalakan Liar. Jakarta: Puslitbang Hukum Nasional BPHN, 2013.

Full Text: PDF

Article Metrics

Abstract View grafik : 419 times
PDF icon PDF Download : 710 times

Refbacks

  • There are currently no refbacks.


Copyright (c) 2022 Sofia Jaflean, Margie Gladies Sopacua, Iqbal Taufik

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.