Criminal Actions of License Falsification
for Utilization of Forest Products and / or Users of Forest Areas
Yoko, Mulyadi and Immanuel Simanjuntak
Magister of Law, Prima Indonesia University, Jl. Sekip simpang Sikambing, Medan, Indonesia
Keywords: Falsification of Letters, Utilization of Forest Products / Forest Areas.
Abstract: The falsification of a letter is a crime that impact the trust of people. The prepetrators of the forgery of the
letter aims to obtain benefits for themselves. The research used secondary data consisting of primary,
secondary and tertiary legal materials. The research was carried out by a research library. The research data
were analyzed qualitatively. The falsification of forest product utilization permits and / or users of forest areas
in Indonesia is regulated in article 263 paragraph (1) and Paragraph (2) of the criminal code, because the acts
of actor have fulfilled the counterfeiting criminal code itself, which states that anyone who intentionally uses
fake letter or falsified letters as if the letter was authentic and not falsified and the elements if falsification
brings a loss, can be prosecuted with criminal penalties. Furthermore, law number 32 of 2009 concerning
environmental Protection and Management and Law number 8 of 2013 also regulates the Prevention and
Eradication of Forest Destruction.
1 INTRODUCTION
Forest is an area overgrown with trees and other
plants. This area of the region exists over a large area
of the world and serve as a reservoir for carbon
dioxide, animals and soil conservationists, is the most
important aspect of the earth biosphere. Forest
ecosystems have a critical role to mitigate soil loss
and erosion, regulate weather and maintain habitats
and biodiversity. Forest degradation and/or
destruction had many negative effects on plant and
soil microorganism diversity and composition and
soil properties. Conservation management can be a
key factor in preventing worldwide destruction of
forest ecosystems and promoting the sustainability of
these valuable resources.
Forest according constitution number 41 of 1999
concerning forestry is an intergrated ecosystem which
overlay containing biological resources which is
dominated by trees in their natural environment that
one another cannot be separated. We can find forest
at tropical region and in cold climates, in the lowlands
or in the mountains, on small islands or on large
continents. In a narrow sense, a forest is a collection
of plants, especially trees or other woody plants,
which occupy a large area. Forests have a very
important position and role in national development.
This is because forests are beneficial for the greatest
possible prosperity and welfare of the Indonesian
people. The benefits can be divided into direct and
indirect. The direct benefits of forests are wood
products that have high economic value, as well as
other forest products such as rattan, natural wood,
latex, fruit, honey, etc. which we cannot describe all
of them.
This is because forest products for the people
living around the forest area will not be used up if
they can be preserved and protected as best as
possible. The biggest factor that results from forest
benefits is forest wood, which is used as raw material
for paper, household furniture, pedestrian bridges and
many other things that can be produced from forest
products. But now the forest area has been used by
several people who are not responsible or do not have
a business license and are destroying the forest in
order to obtain forest products with large profits. This
is done to seek profit or income from illegal or
fraudulent means. Article 33 paragraph (3) of the
1945 Constitution reads "The earth, water and natural
resources within it are controlled by the State and
used for the greatest prosperity of the people". So that
if the forest is not conserved and damaged by
irresponsible people, then the people who lives or do
not live in forest areas cannot obtain the benefits of
the forest.
Yoko, ., Mulyadi, . and Simanjuntak, I.
Criminal Actions of License Falsification for Utilization of Forest Products and / or Users of Forest Areas.
DOI: 10.5220/0010317304690477
In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 469-477
ISBN: 978-989-758-501-2
Copyright
c
2021 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
469
Illegal forest activities pose a significant threat to
the sustainability of forest ecosystems, result in losses
of government revenues, foster a vicious cycle of bad
governance, and may contribute to increased poverty
and social conflict. As such, they have received
considerable attention from the international
community, particularly in recent years. Yet,
significant gaps still exist both in the identification
and evaluation of policy responses and in linking such
responses to critical development priorities such as
improved governance, improved livelihoods for the
rural poor, environmental protection, sustainable
forest management (SFM), and economic
development. As such, the current debate on illegal
forest activities has yet to recognize fully the broader
implications of some options for such priorities.The
impact of forest destruction ranges from the reduction
of forest area, occurrence of natural disaster, financial
loss towards the economy, dissemination of
corruption and extinction of wildlife.
Forest Destruction causes imbalance of ecosystem
and disrupts the biodiversity of the forest area. Such
activity also results in other environmental problems
such as the extinction of flora and fauna, increment of
soil erosion, landslide and climate change. Illegal
deforestation also causes flood with substantial
fatalities, destruction of properties and significant
loss for the victim. Other apparent impacts of includes
biodiversity loss and disruption of forest function as
a water catchment area. Insights into the motive of the
crime are crucial to determine the reasons that lead to
the occurrence of an unlawful act. An aggregate of
past researchers cited monetary gain as the principal
motive of the crime, which refer to the needs and
desires that cause an individual to indulge in the
prohibited acts. Criminal opportunities available to
perpetrators are associated with vulnerabilities,
absence and poor control from the regulatory
agencies. In certain cases, offenders will foresee and
calculate the risk of prosecution when criminal
opportunities are present in a high-risk setting.
As for the problem, namely:
a. How is the analysis of decisions in legal
arrangements regarding the criminal act of
license forgery?
2 RESEARCH METHODS
Research is the main part of science which aims to
know and understand all life, or more clearly research
is a means used by humans to strengthen, test, and
develop science. The type of research conducted in
writing this thesis is adjusted to the problems raised
in it. Thus, the research carried out is juridical
normative, namely research which analyzes written
positive law. The nature of this research is a judicial
empirical research is conducted on facts / events
related to the problems in this writing. In the
preparation of this thesis, the data and data sources
used are secondary data consisting of primary,
secondary and tertiary legal materials.
Secondary data includes official documents,
books, research results in the form of reports and so
on. Secondary legal materials are legal materials that
provide explanations for primary legal materials,
namely the work of legal experts in the form of books,
scholarly opinions, related to the discussion of this
research.
Tertiary legal materials or supporting materials,
namely legal materials that provide meaningful
instructions or explanations for primary and / or
secondary legal materials, namely the legal dictionary
and Kamus Besar Bahasa Indonesia.
3 RESEARCH RESULTS AND
ANALYSIS
3.1 Analysis of Decisions in Legal
Arrangements Concerning the
Crime of License Falsification
Falsification is a crime in which it contains a system
of untruth or falsehood on a thing (object) where
things appear from the outside as if they are true, even
though they are actually contrary to the truth.
Falsification is a type of violation of two basic norms,
namely the truth (trust) whose violation can be
classified as a fraud crime group. Second, public
order, whose violation is classified as a crime against
the state or public order. In order to be punished
according to article 263 of the Criminal Code
(Criminal Code), at the time of falsifying the letter, it
must be with the intention of using or instructing
other people to use the letter as if it was genuine and
not falsified. A statement or statement in the writing
is deemed as intellectuele valsheid or an intellectual
falsification, if from the beginning what is explained
or stated in the writing is not true, or if the person
making the statement or statement in the writing
knows or at least understands that what is he
explained or that what he stated was not in accordance
with the actual reality, in other words, material
forgery has almost always been done by people with
a clear intention, namely to use or make someone else
use it with the clearest intention that what he did was
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470
a lie. which is explained or stated by someone in a
writing.
Letters are sheets of paper in which there are
written words, phrases and / or sentences consisting
of letters and / or numbers in any form and wrapped
in any way, which writing contains the meaning and /
or meaning of human thoughts. The truth about and /
or meaning must be protected by law. The formation
of the act of forgery of this letter is intended for legal
protection of public trust in the truth regarding the
contents of these letters. The criminal act of forgery
of this letter was formed to provide legal protection
against the trust given by the public (publica fides) in
the letter.
Vervalsen of a letter is an act of altering in any
way by a person who is not entitled to a letter which
results in part or all of its contents being different or
different from the original letter. It is not important
whether the change is true or not or contradicting the
truth or not, if the change is committed by an
unauthorized person, the forgery of letters has
occurred. The person who is not entitled is someone
other than the letter maker.
There is a principle difference between the act of
making a forged letter and forging a letter, which is
that making a fake letter or making a fake letter,
before the act is committed, there is no letter yet, then
a letter is drawn up partly or wholly contradicting the
truth or fake. All of the writings in the letter were
produced by making fake letters. Such a letter is
called a fake or non-original letter.
The crime of falsification is a crime in which there
is a system of untruth or falsehood on a thing (object)
which appears from the outside as if it were true, even
though in fact it is contrary to the truth. Falsification
is a type of violation of two basic norms, namely:
1. The truth (belief) that violations can be
classified as a fraud crime group
2. Community order, whose violation is classified
as a crime against the state / public order.
Letter forgery according to the Criminal Code is
regulated in Chapter XII, Book II on Crime. The act
of forgery of the letter is a type of violation of truth
and belief, with the aim of gaining benefits for oneself
or others.
The forms of forgery of the letter were carried out
by:
1. Make a fake letter: make the contents improper
(not true).
2. Faking a letter: changing a letter in such a way
that it is different from the original content.
There are many ways, the letter is not always
replaced with another, it can also be done by
subtracting, adding or changing something
from the letter.
3. Signature forgery is also the definition of letter
forgery.
4. Affixing another person's photo of the entitled
holder.
5. A letter that used as information for an act or
event.
Article 263 Paragraph (2) of the Criminal Code
regulates the act of using forged documents, "The
criminal act of letter forgery is a type of violation of
truth and belief, with the aim of obtaining benefits for
oneself or others that can cause material or non-
material harm. The element of error in the criminal
act of making the forged letter or forging the letter is
in the form of deliberate intent (opzet als oogmerk),
or deliberate intent in the narrow sense. The intention
of the author to make a fake surt or falsify the letter is
intended to be used by himself or used by someone
else. Meanwhile, the act of using the letter doesn't
need to have been realized. Because the element of
intent exists only in the mind or the inner attitude of
the maker, which must have been formed before
committing the action (in casu making fakes and
falsifying). This mental attitude has to be proven, not
its use that has to be proven.
In general, crime prevention efforts can be divided
into two, namely through the penal route (Criminal
Law) and through the non-penal route (outside the
Criminal Law). It can be roughly distinguished that
efforts to combat crime through the penal route
emphasize more on the repressive nature after the
crime occurs, while the non-penal route focuses more
on the preventive nature before the crime occurs. It is
said to be a gross difference, because in essence
repressive measures can also be seen as preventive
measures in a broad sense.
The criminal elements of the criminal act of letter
forgery other than those mentioned above are:
1. At the time of falsifying the letter, it must be
with the intention of using or instructing other
people to use the letter as if it was genuine and
not falsified.
2. Its use must be able to cause harm. The word
"can" means that there is no need for the loss to
really exist, just the possibility that the loss will
be sufficient.
3. Those who are punished according to this
article are not only falsifying, but also
deliberately using fake documents.
Intentionally this means that the person using it
must be absolutely aware that the letter he is
using is fake. If he does not know about it, he
is not punished. It is considered "using" for
Criminal Actions of License Falsification for Utilization of Forest Products and / or Users of Forest Areas
471
example submitting the letter to another person
who must use it further or submitting the letter
at the place where the letter must be needed.
4. In the case of using a forged document it must
also be proven that the person acted as if the
letter was genuine and had not been falsified,
likewise the act must be able to cause harm.
Regarding the element of loss, it is formulated in
full, namely: "if the letter is used it can cause harm".
This element contains the meaning that the use of the
letter has not been carried out and there is no need to
do so. This is evident from the clause "if the letter is
used". If the use of the letter has been carried out, then
two criminal acts have occurred. The first is
paragraph (1) and the second is a criminal offense (2)
of Article 263 of the Criminal Code. Can be done by
one person, or done by a different maker. Therefore,
the use of the letter has not been carried out, then the
loss has not actually occurred. This is evident from
the inclusion of words in the formulation of the
criminal act of Article 263 paragraph (1).
The element of error in the criminal act of erecting
the fake letter or forging the letter is in the form of
intent as an intention (opzet als oogmerk), or
deliberate intent in the narrow sense. The intention of
the author to make a fake surt or falsify the letter is
intended to be used by himself or used by someone
else. Meanwhile, the act of using the letter does not
need to have been realized. Because the element of
intention is only in the mind or the inner attitude of
the maker, which must have been formed before
committing the action (in casu making fakes and
falsifying). This mental attitude has to be proven, not
its use that has to be proven.
3.2 Environmental Protection and
Management related to
Falsification of Forest Product
Permits based on Law No. 32 of
2009
Supervision and law enforcement of the Ministry of
Environment and Forestry (KLH) are considered
weak. This is because there are quite a number of
problems with forest and environmental damage that
have been caused by the company, in fact, they have
been allowed to continue. This has received sharp
attention from environmental activist organizations
and the legislature. The resulting violations in forest
management have caused significant losses to the
state. So that law enforcement is needed in
accordance with existing regulations.
In general, the problems that cause state losses
from forest utilization permits are in accordance with
Article 71 paragraph 1 of Law Number 32 of 2009
concerning Environmental Protection and
Management. Companies that damage the
environment must have their permits revked and
permits not be issued in forest areas. There are quite
a lot of violation problems that arise in carrying out
forest management, one of which is without obtaining
an Environmental Impact Analysis (AMDAL)
permit. Meanwhile, the company's activities have
been going on without any supervision and action
from the government appointed by the existing
regulations. When a company wants to carry out
environmental management, the rules are clear,
AMDAL is mandatory.
Lack of supervision and legal enforcement for
corporations that have damaged the environment. In
addition, transparency in the right to take legal action
is also not in detail about the legal enforcement efforts
that have been taken. Meanwhile, the budget for law
enforcement programs within the Ministry of
Environment and Forestry (LHK). To see the impact
of company activities in managing and utilizing
forests, companies should have conducted an
environmental audit after two years after it was
enacted in accordance with Law Number 32 of 2009
concerning Environmental Protection and
Management. So, if there is a company that violates
the rules that have been set, of course it can be given
sanctions in the form of administrative, civil or
criminal and the worst thing is that the business
license is revoked.
The nature of Law Number 32 of 2009 concerning
Environmental Protection and Management
(UUPPLH) is the legal umbrella for the regulation of
all subsequent sectors (umbrella provision), so the
aspects relating to criminal in the environmental
sector automatically develop and systematically can
be said to become environmental crime law.
In connection with the said criminal provisions, to
determine whether an act constitutes an
environmental offense or not, first the formulation of
an environmental offense. The formulation of this
environmental offense can be traced from the
criminal provisions in Law Number 32 of 2009
concerning Environmental Protection and
Management (UUPPLH) and other laws that contain
criminal provisions. Articles 98 and 99 of Law
Number 32 of 2009 concerning Environmental
Protection and Management (UUPPLH) formulate
environmental offenses as dressings that are carried
out on purpose or because of their negligence which
results in exceeding ambient air quality standards,
water quality standards, sea water quality standards
or criteria. raw environmental damage. Criminal acts
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472
in Law Number 32 Year 2009 concerning
Environmental Protection and Management
(UUPPLH) are categorized as crimes, sanctions for
perpetrators who commit deliberately are heavier
than those committed due to negligence. Perpetrators
of environmental pollution and / or destruction
committed intentionally or unintentionally or
negligently are threatened cumulatively between
criminal imprisonment and fine with minimal
sanctions, whereas in Law Number 32 of 2009
concerning Protection and Management of the Living
Environment (UUPPLH) there are no known
sanctions. minimum.
The formulation of criminal provisions in Law
Number 32 of 2009 concerning Environmental
Protection and Management (UUPPLH) contains the
formulation of criminal provisions in the form of
material offenses and formal offenses. According to
Sukanda Husin, material offenses and formal offenses
can be defined as follows:
1. Material offense is unlawful acts that cause
environmental pollution or damage need not
require proof of violation of Administrative
Law rules such as permits. Actions that are
subject to criminal penalties are 'the result of
the act', which are included in material offenses
in Law Number 32 of 2009 concerning
Environmental Protection and Management
(UUPPLH), namely Article 98, Article 99, and
Article 112.
2. Formal offenses is an actions that violate the
law against the rules of Administrative Law, so
to prove the occurrence of a formal offense
does not require environmental pollution or
damage such as material offenses, but
sufficient to prove the violation of
Administrative Law. The act refers to
'prohibited and punishable acts', which are
included in formal offenses in Law Number 32
of 2009 concerning Environmental Protection
and Management (UUPPLH), namely Article
100 to Article 111 and Article 113 to Article
115.
The formulation of criminal provisions in Law
Number 32 of 2009 concerning Environmental
Protection and Management (UUPPLH) is a
development and revision of the formulation of
criminal provisions in UULH 1997 and UULH 1982.
Material offense is an offense or act prohibited by law
which is considered perfect or fulfilled when the
action has caused consequences. Formal offense is an
offense or an act that is prohibited by law which has
been deemed perfect or fulfilled as soon as the act is
committed without requiring a consequence of the
action. Environmental Permits can be submitted
through a UKL-UPL examination or an EIA
assessment in accordance with the provisions in the
Minister of Environment Regulation Number 5 of
2012 concerning Mandatory Amdal Activities.
Environmental Impact Analysis, hereinafter referred
to as Amdal, is a study of the significant impacts of a
business and / or activity which is planned in the
environment required for the decision-making
process regarding the operation of a Business and / or
Activity.
Environmental Management Efforts and
Environmental Monitoring Efforts, hereinafter
referred to as UKL-UPL, are management and
monitoring of Businesses and / or Activities that do
not have a significant impact on the environment
required for the decision-making process regarding
the operation of a Business and / or Activity.
There is also a procedure for obtaining a forest
product utilization business permit (IUPHHK) as well
as steps to obtain an IUPHHK before obtaining an
environmental permit for:
A. Area Requirements:
1. The area being requested is a production
forest area not burdened with permits /
rights.
2. The area requested as referred to in point 1
may be granted in an area that has been
reserved / determined by the Minister in the
form of an indicative map of directions for
the use of forest areas in production forests
that are not burdened with licenses for
timber forest product utilization businesses.
3. The area for which the direction for its
utilization has been determined as referred to
in point 2 is a reference for the Governor in
making recommendations for permit
applications.
B. Applicant requirements:
1. Individual;
2. Cooperatives;
3. Indonesian Private Owned Enterprises (PT,
CV, Firma);
4. State Owned Enterprises (BUMN); or
5. Regional Owned Enterprises (BUMD).
6. The applicant as referred to in paragraph
point 1 :
a. an individual may be in the form of a
CV or Firm and be equipped with a deed
of establishment legalized by the
competent authority; or
b. cooperatives, and BUMSI must have a
deed of establishment along with the
Criminal Actions of License Falsification for Utilization of Forest Products and / or Users of Forest Areas
473
amendments legalized by the competent
authority.
C. Administrative and Technical Requirements:
The application is submitted by the applicant to
the Minister u.p. The Head of BKPM and
copied to the Director General, Governor and
Regent / Mayor, complete with:
a. business license in the form of SIUP for
BUMSI, BUMN, BUMD from the
authorized agency;
b. Taxpayer Identification Number (NPWP);
c. a statement made before a Notary, stating the
willingness to open a branch office in the
Province and / or in the Regency / City;
d. the area requested is attached with a map
with a minimum scale of 1: 50,000 for the
area of the requested area above 10,000 (ten
thousand) hectares or 1: 10,000 for the area
requested is below 10,000 (ten thousand)
hectares along with an electronic file .shp
(shapefile) ;
e. Recommendation from the Governor to the
Minister containing information on
provincial spatial planning for the area to be
requested that is in the Indicative Map of
Direction for Forest Area Utilization in
Production Forests that are not burdened
with a permit for the utilization of timber
forest products, attaching:
i. map scale of 1: 50,000; and
ii. information regarding the whereabouts
of local communities in the area being
requested;
f. technical proposal, containing among
others:
1. the general condition of the area and the
socio-economic and cultural aspects of
the local community in the area being
requested;
2. the general condition of the company
and the company is not included in the
category of area limitation in
accordance with the provisions of laws
and regulations; and
3. purposes and objectives, utilization
plan, silvicultural system to be put in
place, organization / management,
investment plans, financing / cash flow,
forest protection and security.
D. Implementation procedures and procedures for
obtaining IUPHHK-HA:
1. Registration
2. Technical Verification, Study of Areas and
Maps
3. Issuance of RATTUSIP (Order to Prepare
AMDAL / UKL-UPL, IL and Geographical
Coordinates of Area Boundaries)
4. Preparation of a Map of the Work Area
(Working Area)
5. Fulfillment of the Obligation to Pay Forest
Utilization Business Permits Contribution
6. Drafting IUPHHK - HA SK
7. Issuance of IUPHHK - HA SK
3.3 Prevention and Eradication of
Forest Destruction According to
Law No. 18 of 2013
Problems The encroachment of forest areas is
estimated to increase due to: The increasing
population on the one hand and the narrower land for
settlement and land for business (agriculture, etc.) on
the other hand, so that forest areas become one of the
"fugitives" to overcome "land hungry "And the
increasing number of entrances (increased
accessibility) to forest areas due to development
activities, particularly forestry development
activities.
The preamble to Law Number 18 of 2013
concerning the Prevention and Eradication of Forest
Destruction in the section considering letter e (further
emphasized by its general explanation) contains the
phrases "prevention and eradication" and "giving a
deterrent effect" is an idea of the theory of the purpose
of punishment. This goal is normatively realized
through corporate criminal liability. The corporate
criminal liability system as part of the criminal
process is essentially based on the thought of the
purpose of criminalizing the corporation, what
sanctions are threatened and imposed and how the
model is regulated.
Law number 18 of 2013 concerning Prevention
and Eradication of Forest Destruction as one of the
prevention measures so that there is no criminal act of
transporting forest timber without having a forest
product legality certificate. With large criminal and
administrative sanctions, it is hoped that it will cause
a deterrent effect for lawbreakers in the forestry
sector.
The legality of timber forest product commodities
can last be known when the wood is transported from
the forest to the destination address, because at the
time of transportation it must be accompanied by a
Certificate of Legal Forest Products (SKSHH) as
evidence of legality of transporting forest products as
stated in Article 16. Law No. 18 of 2013 concerning
the Prevention and Eradication of Forest Destruction
states that: Every person transporting forest timber is
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474
required to have a document which is a certificate of
legal forest products in accordance with the
provisions of statutory regulations ".
Law of the Republic of Indonesia Number 41 of
1999 concerning forestry does not explain the Legal
Forest Products Certificate (SKSHH), however this is
regulated in the Minister of Forestry Regulation
Number: P.55 / MENHUT-II / 2006 concerning
Administration of Forest Products Derived from State
Forests in article 1 point 49. In Article 1 point 49,
what is meant by the Certificate of Legality of Forest
Products are documents which constitute evidence of
the legality of forest products in each segment of
activities in the administration of forest products;
In Article 13 paragraph (1) Minister of Forestry
Regulation Number: P.55 / MENHUT-II / 2006
concerning Administration of Forest Products
Originating from State Forests, it is stated that the
legality documents used in the transportation of forest
products consist of:
1. Certificate of Legal Logs (SKSKB);
2. Invoice for Log Transport (FA-KB);
3. Invoice for Transportation of Non-Timber
Forest Products (FA-HHBK);
Invoice for Processed Timber Transport (FA-KO)
Article 4 paragraph (1) Regulation of the Minister of
Forestry Number P.33 / Menhut-II / 2007 concerning
the Second Amendment to the Regulation of the
Minister of Forestry Number 51 /Menhut-II/2006
concerning the Use of Certificate of Origin (SKAU)
for the transportation of timber forest products.
originating from private forest, it is stated that the
SKAU as a legality document is used for the
transportation of community logs and community
processed wood which is transported directly from
private forest or community land. Types of
community logs or community processed logs, the
type of which is transported using SKAU documents,
is determined in the Minister of Forestry Regulation
Number: P.33 / Menhut-II / 2007, while further
transportation of community logs / community-
grown logs uses a note issued by the wood owner by
stating original SKAU number. Article 5 Regulation
of the Minister of Forestry Number: P.33 / Menhut-II
/ 2007 states that the SKAU is issued by the Village
Head / Lurah or equivalent official / other official in
the village where the timber forest products will be
transported, while the SKAU Issuance Officer is
determined by the Regent / Mayor. based on the
recommendation of the Head of Regency / City
Service.
Transportation of community timber other than
those using SKAU and Memorandum using SKSKB
wood transportation documents with the stamp of
"KR". The SSKB stamp KR document is used for the
transportation of logs in the form of logs. However, if
the wood has changed form into processed wood, the
transportation of community timber in the form of
community processing (traditional processing) will
use SKSKB stamped "KR" accompanied by BAP of
changes in form logs into processed wood made by
the owner of the wood, known as P2SKSKB.
Article 1 point 3 of Law Number 18 of 2013
provides the definition of forest destruction as a
process, method, or act of destroying forests through
illegal logging activities, use of forest areas without
permits or use of permits that are contrary to the intent
and purpose of granting permits in forest areas that
are has been determined, has been appointed, or is
being processed by the government.
Eradicating forest destruction is carried out by
means of taking legal action against perpetrators of
forest destruction, either directly, indirectly, or other
related things. Such legal action is carried out through
a process of investigation, investigation, prosecution
and examination in court in accordance with the
criminal procedure law, unless Law Number 18 of
2013 stipulates otherwise. the Definition of Legal
Forest Products Certificate (SKSSH) In Article 1
number 12 of Law Number 18 of 2013 concerning
Forest Prevention and Destruction, it is stated that:
Forest product legality certificates are documents that
are evidence of the legality of forest products in each
segment of activities administration of forest products
”. Article 18 Paragraph (1) supports Koesnadi
Hardjasoemantri's statement that someone who does
not comply with the provisions as stated in the permit
will be subject to administrative sanctions given by
the competent authority. A permit is a juridical
instrument used by the government to influence
citizens to follow the method it recommends in order
to achieve a concrete goal. The variety of concrete
events contributes to the diversity of the purpose of
this permit. Crime (derived from the word strafbaar
feit), which is also often called Delik (derived from
the word Delict). Criminal action is an act that is
prohibited by law and is punishable by punishment,
where the definition of action here is not only an
active act (doing something that is actually prohibited
by law) is also an act that is passive (not doing
something that should be required by law).
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475
4 CONCLUSIONS AND
SUGGESTIONS
4.1 Conclusion
Falsification of forest product utilization permits and
/ or forest area users in Indonesia is regulated in Law
Number 18 of 2013 concerning Prevention and
Eradication of Forest Destruction in article 24, every
person is prohibited from falsifying permits for
utilization of timber forest products and / or
utilization of forest areas and using permits. Fake
utilization of timber forest products and / or
utilization of forest areas and article 263 paragraph
(1) and paragraph (2) of the Criminal Code, fake
letters or letters that are faked as if the letter is
genuine and not falsified and there is an element of
forgery that causes losses. Furthermore, for
prevention forest Destruction is regulated in Law
Number 32 of 2009 concerning Protection and
Management of the environment and Law Number 8
of 2013 concerning Prevention and Eradication of
Forest Destruction.
The factors causing the criminal act of falsifying
forest product utilization permits and / or forest area
users are economic factors, law enforcement factors
and the development of science and technology
(science and technology) factors that cause the
perpetrator to commit the criminal act of falsifying
forest product utilization permits and / or users.
Forest. This is the low level of public awareness and
the perpetrators of this letter forgery by secretly even
cooperating with elements from related institutions
for personnel administration, making it difficult to
detect their whereabouts.
Efforts to tackle the crime of falsifying licenses
for the use of forest products and / or forest product
areas through non-penal measures emphasize the
preventive nature (prevention, deterrence, or control)
before a criminal act occurs. Non-penal efforts are
aimed at motivating all levels of society to be able to
actively participate in efforts to prevent, ward off and
fight crime and penal measures as special prevention,
namely an attempt to emphasize the number of crimes
by imposing penalties (criminals) against criminals
and also trying to commit acts by way of fix the
perpetrator who committed a crime and involve the
law enforcement apparatus and the community, so
that the crimes that occur can be reduced.
4.2 Suggestion
In order to prevent criminal acts of falsifying forest
product utilization permits and / or forest product
areas, it is hoped that law enforcers and the
community will pay more attention to these actions,
especially the punishments that will be given to the
perpetrators.
In order to be able to anticipate or at least
minimize the criminal act of falsifying forest product
utilization and / or forest product area permits, the
government, especially judges, must be firmer and
impose heavier sanctions on every perpetrator of
forgery of forest product utilization and / or forest
product area permits. so that the sanctions given can
actually provide a deterrent effect for doing so and
can make people afraid to commit crimes for people
who have not committed a criminal act of falsifying
forest product utilization and / or forest product area
permits, given the impact of the perpetrator of the
forgery of forest product utilization permits. and / or
forest product areas may harm the community and the
state or may harm various parties.
In addition to the imposition of criminal sanctions
in addition to the cumulative penalties, given the
impact / consequences of the criminal act of falsifying
forest product utilization permits and / or forest
product areas which harm the state and society,
economically and socially, the punishment should not
only be a punishment / criminal sanction against the
perpetrator as much as possible but must also pay
attention to the losses to the state and society by
imposing disciplinary action sanctions.
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