Gagasan Penerapan Undang-Undang Nomor 31 Tahun 1999 Juncto Undang-Undang Nomor 20 Tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi Dalam Penegakan Hukum Terhadap Korporasi Pembakar Hutan Dan Lahan Di Indonesia

Mual Ady Putra Sihombing, Erdianto Effendi

Abstract


Forest and land fires that occur almost every year cause losses to the people of Indonesia ranging
from health, social, ecological, economic and also disruption, the world bank (world bank) revealed the
total loss of Indonesia the impact of forest and land fires during 2019 reached US $ 5.2 billion or equivalent
to Rp. 72.95 trillion. The impact of forest and land fires is large, so law enforcement must be effective.
Difficulties in law enforcement in the criminal environment which generally causes frequent failure of cases
in court are regarding the presentation of evidence (proof) and the determination of the causal relationship
between the act and the consequences of the act (cause and effect). forest and land fires carried out by
corporations can be held accountable for using the Corruption Act to protect the interests of the state in
terms of returning state financial losses incurred due to forest and land fires. If using a law on
environmental protection and management that protects the sustainable use of forests and land. So it is
necessary to carry out the idea of applying Law Number 31 of 1999 Juncto Act Number 20 of 2001
concerning eradicating criminal acts of corruption against corporate forest and land burners in Indonesia.
This type of research is a normative legal research that is research conducted with a literature study
or literature study in finding data. This research is descriptive in nature which provides detailed and
detailed data on existing problems. In this paper using qualitative data analysis which means to explain and
conclude about the data that has been collected by the author. This research uses secondary data or
scientific data that has been codified.
The results of this study are to explain that the application of environmental protection and
management laws is not optimal in law enforcement against criminal prosecution of forest and land burners
so that it is difficult to be held accountable, because forest and land fires have an impact on the country's
finances or economy and environmental laws are very it is difficult to prove environmental crimes
committed by corporations so that there are often stopping investigation letters (SP3) against forest and
land-burning corporations in Indonesia which causes law enforcement to be unimportant. Thus, cases of
forest and land fires carried out by corporations can ensnare corporations and hold corporations
responsible for forest and land burners. Article 2 of Law Number 31 of 1999 Juncto of Law Number 20 of
2001 Concerning Eradication of Corruption. With the application of the Anti-Corruption Law, law
enforcement can work effectively and corporations can be held accountable and provide a deterrent effect
for forest and land-burning corporations. The idea or idea that the author offers for the law in the future is
to be appled.
Keyworlds : Implementation – Corporate – Coruuption.


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