Position of the Victim in Criminal Acts Illegal Logging

Abstract

The purpose of this study is to analyze the position of victims in criminal acts of illegal logging, find juridical reasons to the extent that the state pays more attention to state losses as victims compared to the position of the community as victims in illegal logging. This research method uses a qualitative approach with normative juridical law design. Data collection techniques using library research. Data analysis techniques: (1) presentation, (2) data reduction, and (3) collection and verification. The results of the study: (1) The position of the victim in the case of illegal logging in the criminal justice system is still lacking due to the regulation of the law and the principles in the Criminal Procedure Code itself more prioritizing retribution as embezzlement, ie seeing how much loss arises due to the perpetrators criminal without seeing the position of the community as victims indirectly. Whereas in terms of justification or legal basis in which the government / state is more concerned with the state's loss than the community as a victim. There are principles in the Indonesian criminal procedure law which are strengthened by the Constitutional Court's decision in "MKRI ruling Number 3 / PUU-VIII / 2010" which argues that state control over the earth and water and the natural resources contained therein. This means that the state is given the freedom to regulate, make policies, manage and oversee the use of the earth and water and natural resources contained in it with a constitutional measure that is as much as possible the prosperity of the people and considers the rights of the people as victims only of an objective nature where the state takes policy with more attention to victims generally.

Keywords

• illegal logging
• victim
• criminal law