RECONSTRUCTION OF CRIMINAL SANCTIONS ON ILLEGAL PLANTATION HARVEST ACCORDING TO LAW NO. 39 OF 2014 BASED ON JUSTICE VALUEJournal: International Journal of Advanced Research (Vol.8, No. 02)
Publication Date: 2020-02-18
Authors : Doni Setha Gunarto; Sri Endah Wahyuningsih;
Page : 1365-1373
Keywords : Reconstruction Plantation Thievery Justice Value;
Indonesia is a prosperous country, but in reality, not all people enjoy the welfare, such as from plantation products, for example, there are still many who have not been able to enjoy it until it leads to the theft of plantation products. This makes the writer interested to study it related to the weaknesses of the regulations governing plantation theft in Indonesia today and how its reconstruction. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows that criminal sanctions in Law Number 39 of 2014 concerning Plantations, especially in Article 107 paragraph (3) are not yet based on justice due to the absence of minimum sanctions applied in the article so that it does not cause a deterrent effect on the perpetrators of crimes so that the reconstruction of Article 107 paragraph (3) Law Number 39 of 2014 plantations by formulating the existence of minimum sanctions against perpetrators of crimes in order to realize legal certainty and justice. Even though the concept of justice, especially in the current criminal sanctions raises a variety of interpretations and there are no benchmarks to ensure the existence of justice.
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