PBNU regretted the legal case that afflicted Satumin, a farmer from Bayu Village, Songgon Subdistrict, Banyuwangi, East Java who was arrested because he was accused of damaging the forest in the Perhutani region of West Banyuwangi. Because of the case, the 43-year-old farmer is now being held in Banyuwangi Class III Correctional Institution.
According to the Head of the PBNU on Law, Ham and Legislation Robikin Emhas, Law 18/2013 concerning Prevention and Eradication of Forest Destruction (P3H) which is also known with the Act illegal logging may not be applied by releasing text from its context.
“The philosophical and historical aspects underlying the birth of legal norms in the form of prohibition of forest destruction must be considered,” he said to Saturday (29/9)
Not only that, law enforcement (1945-1947) law enforcemen ] t) must also consider the sociological aspects of the subject that is considered as the offender (the perpetrator of the crime), as well as the social conditions of the surrounding community, including in this case the community living in the forestry line.
According to him, in several other countries more than that, it included the psychological aspect of the offender in the process of law enforcement for all types of criminal acts.
Keep in mind, the norm of prohibiting illegal logging is intended to maintain the forest with all the functions attached to it. The address of the prohibition of illegal logging is damage to certain functions by illegal loggers. Not because of ginger or cassava growers.
Law enforcement that ignores philosophical and sociological aspects is not only incompatible with the purpose of the law, but can damage the value and dignity of humanity itself.
Quoted from KBR.id, Satumin farmers first time farming in a production forest area managed by Perhutani West Banyuwangi Public Corporation, 1995 ago. In that year, permission to plant was obtained orally. He then began planting.
From the same source, at the end of 2009, at a working group meeting, Perhutani officials also urged farmers to plant deforested land. And invite if anyone wants to plant fruits. Where later, the fruit can be harvested without cutting down the tree.
“In January 2018, four forest police arrested him while he was farming and wanted to harvest ginger. The Satumin case went up to the investigation on January 18, 2018 on charges of gardening without permission in a protected forest. Two weeks after that, a statement was issued from the Bayu Village Chief explaining that Satumin acknowledged his actions that violated the law and promised not to repeat, “wrote KBR.id . (Abdullah Alawi)
This Article was Published On: NU Online, Title –
PBNU Loves Legal Cases Tapping Banyuwangi Farmers
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