Model Penanganan Perkara Illegal Logging dalam Perspektif Keadilan Distributif (Studi Kasus di Pengadilan Negeri Ngawi)

Wijayanti, Novi and , Prof. Dr. Khudzaifah Dimyati and , Dr. Kelik Wardiono, S.H., M.H. (2016) Model Penanganan Perkara Illegal Logging dalam Perspektif Keadilan Distributif (Studi Kasus di Pengadilan Negeri Ngawi). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The practice or way of illegal logging makes this crime is categorized into a series of crimes or multilayered crime. The result of research and discussion showed that the implementation of illegal logging case management in Ngawi District Court, verdict 342/Pid.Sus/2011/PN.Ngw had accommodated the following aspects: (a) The share complying with the criterion of share an individual receives should be comparable to the contribution given and comparability of the share an individual receives should also take into account the share another receives; (b) The compliance emphasizes on the requirement as the distribution rationale; (c) The mutual wellbeing objective, (d) Here were 2 parties: divider and receiver, (d) Divider is superior to receiver; (f) Used to see the government policy to the people; (g) Social and economic inequality. From the distributive justice concept according to Aristoteles. The justice an individual receives according to the service or the ability contributed. The Verdict 163/Pid.Sus/2012/PN.Ngw had accommodated the aspects: (a) The share complying with the criterion of share an individual receives should be comparable to the contribution given and comparability of the share an individual receives should also take into account the share another receives; (b) The compliance emphasizes on the requirement as the distribution rationale; (c) The mutual wellbeing objective; (d) There were 2 parties: divider and receiver; (e) Divider is superior to receiver; (f) Used to see the government policy to the people; (g) Social and economic inequality. From John Rawl’s distributive justice concept, it could be seen that the procedure to determine the just outcome should be taken actually. It is because, in this case, there is no independent criterion to be the reference for the just outcome and to prevent the perpetrator from repeating the forestry crime, and to prevent others with forestry activity from doing the similar crime with heavy punishment. In addition, to comply with the feeling of justice, the formulation of condemnation to the crime in Forestry sector committed by civil servant or government apparatus particularly the official with authority in forestry sector potentially improving the intensity forestry crime should be governed and formulated particularly differently from that committed by an individual/private.

Item Type:	Karya ilmiah (Thesis)
Uncontrolled Keywords:	Models, Illegal Logging, Distributive Justice
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Pasca Sarjana > Magister Hukum
Depositing User:	Unnamed user with username r100090021
Date Deposited:	13 Nov 2017 04:17
Last Modified:	13 Nov 2017 04:22
URI:	http://eprints.ums.ac.id/id/eprint/57571

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