LEGAL ANALYSIS OF NGAWI DISTRICT COURT DECISION NUMBER 204/PID.B/LH/2018/PN NGW REGARDING THE DETERMINATION OF THE STATUS OF VEHICLES USED IN FORESTRY CRIME

Abstract

This study is examines whether the judge’s legal reasoning in Decision Number 204/PID.B/LH/2018/PN NGW aligns with the evidence presented during the trial and what the implications are of the judge’s failure to impose additional criminal sanctions in that ruling. The research method used is normative juridical, employing both statutory and case approaches. Legal materials, consisting of primary and secondary sources, were collected through document analysis and literature review. The analytical technique applied is prescriptive analysis. The research findings indicate that the judge’s reasoning in Decision Number 204/PID.B/LH/2018/PN NGW essentially referred to the evidence submitted during the trial, such as witness testimonies, expert opinions, and physical evidence. However, the reasoning did not fully reflect the principles of ecological justice, as it failed to comprehensively address environmental restoration aspects. One of the main shortcomings was the non-application of legal provisions mandating the confiscation of transport equipment used in forestry-related criminal acts. The absence of additional criminal sanctions in the form of confiscating transportation means negatively affects the effectiveness of environmental and forestry law enforcement. As a result, the decision fails to create a significant deterrent effect, the likelihood of similar offenses recurring remains high, and the state loses the opportunity to secure assets used in the commission of the crime. Furthermore, the failure to apply such sanctions constitutes a violation of Law Number 18 of 2013, which imposes mandatory confiscation of transport means used in forestry crimes.