ANALISIS PUTUSAN NOMOR 96/PID.SUS/LH/2019/PN.TPG TERHADAP PERAMPASAN BARANG MILIK PIHAK KETIGA BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2013 TENTANG PENCEGAHAN DAN PEMBERANTASAN PERUSAKAN HUTAN

Abstract

Confiscation of certain goods is the forced storage of goods that are the result of a criminal act or goods used to commit a criminal act. The provisions of Article 16 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction in its explanation state that the transportation means used to transport forest products are confiscated for the State so that the owners of transportation services or carriers are responsible for the legality of the forest products being transported. Based on these provisions, confiscation is carried out of all goods without classifying the goods as belonging to the perpetrator of a criminal act or belonging to a third party. Transport vehicles belonging to third parties which are not related to cause and effect with a criminal act (causuaal verband) are still confiscated for the State. Third parties who are not related to the cause and effect of a criminal act (causuaal verband) are parties who do not know that their property is used to carry out a criminal act, for example the heavy equipment used was rented or borrowed by the defendant from a third party as stated in the decision Number 96 / Pid. Sus / LH / 2019 / PN.Tpg.