Criminal Actions of License Falsification

for Utilization of Forest Products and / or Users of Forest Areas

Yoko, Mulyadi and Immanuel Simanjuntak

Magister of Law, Prima Indonesia University, Jl. Sekip simpang Sikambing, Medan, Indonesia

Keywords: Falsification of Letters, Utilization of Forest Products / Forest Areas.

Abstract: The falsification of a letter is a crime that impact the trust of people. The prepetrators of the forgery of the

letter aims to obtain benefits for themselves. The research used secondary data consisting of primary,

secondary and tertiary legal materials. The research was carried out by a research library. The research data

were analyzed qualitatively. The falsification of forest product utilization permits and / or users of forest areas

in Indonesia is regulated in article 263 paragraph (1) and Paragraph (2) of the criminal code, because the acts

of actor have fulfilled the counterfeiting criminal code itself, which states that anyone who intentionally uses

fake letter or falsified letters as if the letter was authentic and not falsified and the elements if falsification

brings a loss, can be prosecuted with criminal penalties. Furthermore, law number 32 of 2009 concerning

environmental Protection and Management and Law number 8 of 2013 also regulates the Prevention and

Eradication of Forest Destruction.

1 INTRODUCTION

Forest is an area overgrown with trees and other

plants. This area of the region exists over a large area

of the world and serve as a reservoir for carbon

dioxide, animals and soil conservationists, is the most

important aspect of the earth biosphere. Forest

ecosystems have a critical role to mitigate soil loss

and erosion, regulate weather and maintain habitats

and biodiversity. Forest degradation and/or

destruction had many negative effects on plant and

soil microorganism diversity and composition and

soil properties. Conservation management can be a

key factor in preventing worldwide destruction of

forest ecosystems and promoting the sustainability of

these valuable resources.

Forest according constitution number 41 of 1999

concerning forestry is an intergrated ecosystem which

overlay containing biological resources which is

dominated by trees in their natural environment that

one another cannot be separated. We can find forest

at tropical region and in cold climates, in the lowlands

or in the mountains, on small islands or on large

continents. In a narrow sense, a forest is a collection

of plants, especially trees or other woody plants,

which occupy a large area. Forests have a very

important position and role in national development.

This is because forests are beneficial for the greatest

possible prosperity and welfare of the Indonesian

people. The benefits can be divided into direct and

indirect. The direct benefits of forests are wood

products that have high economic value, as well as

other forest products such as rattan, natural wood,

latex, fruit, honey, etc. which we cannot describe all

of them.

This is because forest products for the people

living around the forest area will not be used up if

they can be preserved and protected as best as

possible. The biggest factor that results from forest

benefits is forest wood, which is used as raw material

for paper, household furniture, pedestrian bridges and

many other things that can be produced from forest

products. But now the forest area has been used by

several people who are not responsible or do not have

a business license and are destroying the forest in

order to obtain forest products with large profits. This

is done to seek profit or income from illegal or

fraudulent means. Article 33 paragraph (3) of the

1945 Constitution reads "The earth, water and natural

resources within it are controlled by the State and

used for the greatest prosperity of the people". So that

if the forest is not conserved and damaged by

irresponsible people, then the people who lives or do

not live in forest areas cannot obtain the benefits of

the forest.

Yoko, ., Mulyadi, . and Simanjuntak, I.

Criminal Actions of License Falsiﬁcation for Utilization of Forest Products and / or Users of Forest Areas.

DOI: 10.5220/0010317300003051

In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 469-477

ISBN: 978-989-758-501-2

469

Illegal forest activities pose a significant threat to

the sustainability of forest ecosystems, result in losses

of government revenues, foster a vicious cycle of bad

governance, and may contribute to increased poverty

and social conflict. As such, they have received

considerable attention from the international

community, particularly in recent years. Yet,

significant gaps still exist both in the identification

and evaluation of policy responses and in linking such

responses to critical development priorities such as

improved governance, improved livelihoods for the

rural poor, environmental protection, sustainable

forest management (SFM), and economic

development. As such, the current debate on illegal

forest activities has yet to recognize fully the broader

implications of some options for such priorities.The

impact of forest destruction ranges from the reduction

of forest area, occurrence of natural disaster, financial

loss towards the economy, dissemination of

corruption and extinction of wildlife.

Forest Destruction causes imbalance of ecosystem

and disrupts the biodiversity of the forest area. Such

activity also results in other environmental problems

such as the extinction of flora and fauna, increment of

soil erosion, landslide and climate change. Illegal

deforestation also causes flood with substantial

fatalities, destruction of properties and significant

loss for the victim. Other apparent impacts of includes

biodiversity loss and disruption of forest function as

a water catchment area. Insights into the motive of the

crime are crucial to determine the reasons that lead to

the occurrence of an unlawful act. An aggregate of

past researchers cited monetary gain as the principal

motive of the crime, which refer to the needs and

desires that cause an individual to indulge in the

prohibited acts. Criminal opportunities available to

perpetrators are associated with vulnerabilities,

absence and poor control from the regulatory

agencies. In certain cases, offenders will foresee and

calculate the risk of prosecution when criminal

opportunities are present in a high-risk setting.

As for the problem, namely:

a. How is the analysis of decisions in legal

arrangements regarding the criminal act of

license forgery?

2 RESEARCH METHODS

Research is the main part of science which aims to

know and understand all life, or more clearly research

is a means used by humans to strengthen, test, and

develop science. The type of research conducted in

writing this thesis is adjusted to the problems raised

in it. Thus, the research carried out is juridical

normative, namely research which analyzes written

positive law. The nature of this research is a judicial

empirical research is conducted on facts / events

related to the problems in this writing. In the

preparation of this thesis, the data and data sources

used are secondary data consisting of primary,

secondary and tertiary legal materials.

Secondary data includes official documents,

books, research results in the form of reports and so

on. Secondary legal materials are legal materials that

provide explanations for primary legal materials,

namely the work of legal experts in the form of books,

scholarly opinions, related to the discussion of this

research.

Tertiary legal materials or supporting materials,

namely legal materials that provide meaningful

instructions or explanations for primary and / or

secondary legal materials, namely the legal dictionary

and Kamus Besar Bahasa Indonesia.

3 RESEARCH RESULTS AND

ANALYSIS

3.1 Analysis of Decisions in Legal

Arrangements Concerning the

Crime of License Falsification

Falsification is a crime in which it contains a system

of untruth or falsehood on a thing (object) where

things appear from the outside as if they are true, even

though they are actually contrary to the truth.

Falsification is a type of violation of two basic norms,

namely the truth (trust) whose violation can be

classified as a fraud crime group. Second, public

order, whose violation is classified as a crime against

the state or public order. In order to be punished

according to article 263 of the Criminal Code

(Criminal Code), at the time of falsifying the letter, it

must be with the intention of using or instructing

other people to use the letter as if it was genuine and

not falsified. A statement or statement in the writing

is deemed as intellectuele valsheid or an intellectual

falsification, if from the beginning what is explained

or stated in the writing is not true, or if the person

making the statement or statement in the writing

knows or at least understands that what is he

explained or that what he stated was not in accordance

with the actual reality, in other words, material

forgery has almost always been done by people with

a clear intention, namely to use or make someone else

use it with the clearest intention that what he did was

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a lie. which is explained or stated by someone in a

writing.

Letters are sheets of paper in which there are

written words, phrases and / or sentences consisting

of letters and / or numbers in any form and wrapped

in any way, which writing contains the meaning and /

or meaning of human thoughts. The truth about and /

or meaning must be protected by law. The formation

of the act of forgery of this letter is intended for legal

protection of public trust in the truth regarding the

contents of these letters. The criminal act of forgery

of this letter was formed to provide legal protection

against the trust given by the public (publica fides) in

the letter.

Vervalsen of a letter is an act of altering in any

way by a person who is not entitled to a letter which

results in part or all of its contents being different or

different from the original letter. It is not important

whether the change is true or not or contradicting the

truth or not, if the change is committed by an

unauthorized person, the forgery of letters has

occurred. The person who is not entitled is someone

other than the letter maker.

There is a principle difference between the act of

making a forged letter and forging a letter, which is

that making a fake letter or making a fake letter,

before the act is committed, there is no letter yet, then

a letter is drawn up partly or wholly contradicting the

truth or fake. All of the writings in the letter were

produced by making fake letters. Such a letter is

called a fake or non-original letter.

The crime of falsification is a crime in which there

is a system of untruth or falsehood on a thing (object)

which appears from the outside as if it were true, even

though in fact it is contrary to the truth. Falsification

is a type of violation of two basic norms, namely:

1. The truth (belief) that violations can be

classified as a fraud crime group

2. Community order, whose violation is classified

as a crime against the state / public order.

Letter forgery according to the Criminal Code is

regulated in Chapter XII, Book II on Crime. The act

of forgery of the letter is a type of violation of truth

and belief, with the aim of gaining benefits for oneself

or others.

The forms of forgery of the letter were carried out

by:

1. Make a fake letter: make the contents improper

(not true).

2. Faking a letter: changing a letter in such a way

that it is different from the original content.

There are many ways, the letter is not always

replaced with another, it can also be done by

subtracting, adding or changing something

from the letter.

3. Signature forgery is also the definition of letter

forgery.

4. Affixing another person's photo of the entitled

holder.

5. A letter that used as information for an act or

event.

Article 263 Paragraph (2) of the Criminal Code

regulates the act of using forged documents, "The

criminal act of letter forgery is a type of violation of

truth and belief, with the aim of obtaining benefits for

oneself or others that can cause material or non-

material harm. The element of error in the criminal

act of making the forged letter or forging the letter is

in the form of deliberate intent (opzet als oogmerk),

or deliberate intent in the narrow sense. The intention

of the author to make a fake surt or falsify the letter is

intended to be used by himself or used by someone

else. Meanwhile, the act of using the letter doesn't

need to have been realized. Because the element of

intent exists only in the mind or the inner attitude of

the maker, which must have been formed before

committing the action (in casu making fakes and

falsifying). This mental attitude has to be proven, not

its use that has to be proven.

In general, crime prevention efforts can be divided

into two, namely through the penal route (Criminal

Law) and through the non-penal route (outside the

Criminal Law). It can be roughly distinguished that

efforts to combat crime through the penal route

emphasize more on the repressive nature after the

crime occurs, while the non-penal route focuses more

on the preventive nature before the crime occurs. It is

said to be a gross difference, because in essence

repressive measures can also be seen as preventive

measures in a broad sense.

The criminal elements of the criminal act of letter

forgery other than those mentioned above are:

1. At the time of falsifying the letter, it must be

with the intention of using or instructing other

people to use the letter as if it was genuine and

not falsified.

2. Its use must be able to cause harm. The word

"can" means that there is no need for the loss to

really exist, just the possibility that the loss will

be sufficient.

3. Those who are punished according to this

article are not only falsifying, but also

deliberately using fake documents.

Intentionally this means that the person using it

must be absolutely aware that the letter he is

using is fake. If he does not know about it, he

is not punished. It is considered "using" for

Criminal Actions of License Falsiﬁcation for Utilization of Forest Products and / or Users of Forest Areas

471

example submitting the letter to another person

who must use it further or submitting the letter

at the place where the letter must be needed.

4. In the case of using a forged document it must

also be proven that the person acted as if the

letter was genuine and had not been falsified,

likewise the act must be able to cause harm.

Regarding the element of loss, it is formulated in

full, namely: "if the letter is used it can cause harm".

This element contains the meaning that the use of the

letter has not been carried out and there is no need to

do so. This is evident from the clause "if the letter is

used". If the use of the letter has been carried out, then

two criminal acts have occurred. The first is

paragraph (1) and the second is a criminal offense (2)

of Article 263 of the Criminal Code. Can be done by

one person, or done by a different maker. Therefore,

the use of the letter has not been carried out, then the

loss has not actually occurred. This is evident from

the inclusion of words in the formulation of the

criminal act of Article 263 paragraph (1).

The element of error in the criminal act of erecting

the fake letter or forging the letter is in the form of

intent as an intention (opzet als oogmerk), or

deliberate intent in the narrow sense. The intention of

the author to make a fake surt or falsify the letter is

intended to be used by himself or used by someone

else. Meanwhile, the act of using the letter does not

need to have been realized. Because the element of

intention is only in the mind or the inner attitude of

the maker, which must have been formed before

committing the action (in casu making fakes and

falsifying). This mental attitude has to be proven, not

its use that has to be proven.

3.2 Environmental Protection and

Management related to

Falsification of Forest Product

Permits based on Law No. 32 of

2009

Supervision and law enforcement of the Ministry of

Environment and Forestry (KLH) are considered

weak. This is because there are quite a number of

problems with forest and environmental damage that

have been caused by the company, in fact, they have

been allowed to continue. This has received sharp

attention from environmental activist organizations

and the legislature. The resulting violations in forest

management have caused significant losses to the

state. So that law enforcement is needed in

accordance with existing regulations.

In general, the problems that cause state losses

from forest utilization permits are in accordance with

Article 71 paragraph 1 of Law Number 32 of 2009

concerning Environmental Protection and

Management. Companies that damage the

environment must have their permits revked and

permits not be issued in forest areas. There are quite

a lot of violation problems that arise in carrying out

forest management, one of which is without obtaining

an Environmental Impact Analysis (AMDAL)

permit. Meanwhile, the company's activities have

been going on without any supervision and action

from the government appointed by the existing

regulations. When a company wants to carry out

environmental management, the rules are clear,

AMDAL is mandatory.

Lack of supervision and legal enforcement for

corporations that have damaged the environment. In

addition, transparency in the right to take legal action

is also not in detail about the legal enforcement efforts

that have been taken. Meanwhile, the budget for law

enforcement programs within the Ministry of

Environment and Forestry (LHK). To see the impact

of company activities in managing and utilizing

forests, companies should have conducted an

environmental audit after two years after it was

enacted in accordance with Law Number 32 of 2009

concerning Environmental Protection and

Management. So, if there is a company that violates

the rules that have been set, of course it can be given

sanctions in the form of administrative, civil or

criminal and the worst thing is that the business

license is revoked.

The nature of Law Number 32 of 2009 concerning

Environmental Protection and Management

(UUPPLH) is the legal umbrella for the regulation of

all subsequent sectors (umbrella provision), so the

aspects relating to criminal in the environmental

sector automatically develop and systematically can

be said to become environmental crime law.

In connection with the said criminal provisions, to

determine whether an act constitutes an

environmental offense or not, first the formulation of

an environmental offense. The formulation of this

environmental offense can be traced from the

criminal provisions in Law Number 32 of 2009

concerning Environmental Protection and

Management (UUPPLH) and other laws that contain

criminal provisions. Articles 98 and 99 of Law

Number 32 of 2009 concerning Environmental

Protection and Management (UUPPLH) formulate

environmental offenses as dressings that are carried

out on purpose or because of their negligence which

results in exceeding ambient air quality standards,

water quality standards, sea water quality standards

or criteria. raw environmental damage. Criminal acts

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in Law Number 32 Year 2009 concerning

Environmental Protection and Management

(UUPPLH) are categorized as crimes, sanctions for

perpetrators who commit deliberately are heavier

than those committed due to negligence. Perpetrators

of environmental pollution and / or destruction

committed intentionally or unintentionally or

negligently are threatened cumulatively between

criminal imprisonment and fine with minimal

sanctions, whereas in Law Number 32 of 2009

concerning Protection and Management of the Living

Environment (UUPPLH) there are no known

sanctions. minimum.

The formulation of criminal provisions in Law

Number 32 of 2009 concerning Environmental

Protection and Management (UUPPLH) contains the

formulation of criminal provisions in the form of

material offenses and formal offenses. According to

Sukanda Husin, material offenses and formal offenses

can be defined as follows:

1. Material offense is unlawful acts that cause

environmental pollution or damage need not

require proof of violation of Administrative

Law rules such as permits. Actions that are

subject to criminal penalties are 'the result of

the act', which are included in material offenses

in Law Number 32 of 2009 concerning

Environmental Protection and Management

(UUPPLH), namely Article 98, Article 99, and

Article 112.

2. Formal offenses is an actions that violate the

law against the rules of Administrative Law, so

to prove the occurrence of a formal offense

does not require environmental pollution or

damage such as material offenses, but

sufficient to prove the violation of

Administrative Law. The act refers to

'prohibited and punishable acts', which are

included in formal offenses in Law Number 32

of 2009 concerning Environmental Protection

and Management (UUPPLH), namely Article

100 to Article 111 and Article 113 to Article

115.

The formulation of criminal provisions in Law

Number 32 of 2009 concerning Environmental

Protection and Management (UUPPLH) is a

development and revision of the formulation of

criminal provisions in UULH 1997 and UULH 1982.

Material offense is an offense or act prohibited by law

which is considered perfect or fulfilled when the

action has caused consequences. Formal offense is an

offense or an act that is prohibited by law which has

been deemed perfect or fulfilled as soon as the act is

committed without requiring a consequence of the

action. Environmental Permits can be submitted

through a UKL-UPL examination or an EIA

assessment in accordance with the provisions in the

Minister of Environment Regulation Number 5 of

2012 concerning Mandatory Amdal Activities.

Environmental Impact Analysis, hereinafter referred

to as Amdal, is a study of the significant impacts of a

business and / or activity which is planned in the

environment required for the decision-making

process regarding the operation of a Business and / or

Activity.

Environmental Management Efforts and

Environmental Monitoring Efforts, hereinafter

referred to as UKL-UPL, are management and

monitoring of Businesses and / or Activities that do

not have a significant impact on the environment

required for the decision-making process regarding

the operation of a Business and / or Activity.

There is also a procedure for obtaining a forest

product utilization business permit (IUPHHK) as well

as steps to obtain an IUPHHK before obtaining an

environmental permit for:

A. Area Requirements:

1. The area being requested is a production

forest area not burdened with permits /

rights.

2. The area requested as referred to in point 1

may be granted in an area that has been

reserved / determined by the Minister in the

form of an indicative map of directions for

the use of forest areas in production forests

that are not burdened with licenses for

timber forest product utilization businesses.

3. The area for which the direction for its

utilization has been determined as referred to

in point 2 is a reference for the Governor in

making recommendations for permit

applications.

B. Applicant requirements:

1. Individual;

2. Cooperatives;

3. Indonesian Private Owned Enterprises (PT,

CV, Firma);

4. State Owned Enterprises (BUMN); or

5. Regional Owned Enterprises (BUMD).

6. The applicant as referred to in paragraph

point 1 :

a. an individual may be in the form of a

CV or Firm and be equipped with a deed

of establishment legalized by the

competent authority; or

b. cooperatives, and BUMSI must have a

deed of establishment along with the

Criminal Actions of License Falsiﬁcation for Utilization of Forest Products and / or Users of Forest Areas

473

amendments legalized by the competent

authority.

C. Administrative and Technical Requirements:

The application is submitted by the applicant to

the Minister u.p. The Head of BKPM and

copied to the Director General, Governor and

Regent / Mayor, complete with:

a. business license in the form of SIUP for

BUMSI, BUMN, BUMD from the

authorized agency;

b. Taxpayer Identification Number (NPWP);

c. a statement made before a Notary, stating the

willingness to open a branch office in the

Province and / or in the Regency / City;

d. the area requested is attached with a map

with a minimum scale of 1: 50,000 for the

area of the requested area above 10,000 (ten

thousand) hectares or 1: 10,000 for the area

requested is below 10,000 (ten thousand)

hectares along with an electronic file .shp

(shapefile) ;

e. Recommendation from the Governor to the

Minister containing information on

provincial spatial planning for the area to be

requested that is in the Indicative Map of

Direction for Forest Area Utilization in

Production Forests that are not burdened

with a permit for the utilization of timber

forest products, attaching:

i. map scale of 1: 50,000; and

ii. information regarding the whereabouts

of local communities in the area being

requested;

f. technical proposal, containing among

others:

1. the general condition of the area and the

socio-economic and cultural aspects of

the local community in the area being

requested;

2. the general condition of the company

and the company is not included in the

category of area limitation in

accordance with the provisions of laws

and regulations; and

3. purposes and objectives, utilization

plan, silvicultural system to be put in

place, organization / management,

investment plans, financing / cash flow,

forest protection and security.

D. Implementation procedures and procedures for

obtaining IUPHHK-HA:

1. Registration

2. Technical Verification, Study of Areas and

Maps

3. Issuance of RATTUSIP (Order to Prepare

AMDAL / UKL-UPL, IL and Geographical

Coordinates of Area Boundaries)

4. Preparation of a Map of the Work Area

(Working Area)

5. Fulfillment of the Obligation to Pay Forest

Utilization Business Permits Contribution

6. Drafting IUPHHK - HA SK

7. Issuance of IUPHHK - HA SK

3.3 Prevention and Eradication of

Forest Destruction According to

Law No. 18 of 2013

Problems The encroachment of forest areas is

estimated to increase due to: The increasing

population on the one hand and the narrower land for

settlement and land for business (agriculture, etc.) on

the other hand, so that forest areas become one of the

"fugitives" to overcome "land hungry "And the

increasing number of entrances (increased

accessibility) to forest areas due to development

activities, particularly forestry development

activities.

The preamble to Law Number 18 of 2013

concerning the Prevention and Eradication of Forest

Destruction in the section considering letter e (further

emphasized by its general explanation) contains the

phrases "prevention and eradication" and "giving a

deterrent effect" is an idea of the theory of the purpose

of punishment. This goal is normatively realized

through corporate criminal liability. The corporate

criminal liability system as part of the criminal

process is essentially based on the thought of the

purpose of criminalizing the corporation, what

sanctions are threatened and imposed and how the

model is regulated.

Law number 18 of 2013 concerning Prevention

and Eradication of Forest Destruction as one of the

prevention measures so that there is no criminal act of

transporting forest timber without having a forest

product legality certificate. With large criminal and

administrative sanctions, it is hoped that it will cause

a deterrent effect for lawbreakers in the forestry

sector.

The legality of timber forest product commodities

can last be known when the wood is transported from

the forest to the destination address, because at the

time of transportation it must be accompanied by a

Certificate of Legal Forest Products (SKSHH) as

evidence of legality of transporting forest products as

stated in Article 16. Law No. 18 of 2013 concerning

the Prevention and Eradication of Forest Destruction

states that: Every person transporting forest timber is

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474

required to have a document which is a certificate of

legal forest products in accordance with the

provisions of statutory regulations ".

Law of the Republic of Indonesia Number 41 of

1999 concerning forestry does not explain the Legal

Forest Products Certificate (SKSHH), however this is

regulated in the Minister of Forestry Regulation

Number: P.55 / MENHUT-II / 2006 concerning

Administration of Forest Products Derived from State

Forests in article 1 point 49. In Article 1 point 49,

what is meant by the Certificate of Legality of Forest

Products are documents which constitute evidence of

the legality of forest products in each segment of

activities in the administration of forest products;

In Article 13 paragraph (1) Minister of Forestry

Regulation Number: P.55 / MENHUT-II / 2006

concerning Administration of Forest Products

Originating from State Forests, it is stated that the

legality documents used in the transportation of forest

products consist of:

1. Certificate of Legal Logs (SKSKB);

2. Invoice for Log Transport (FA-KB);

3. Invoice for Transportation of Non-Timber

Forest Products (FA-HHBK);

Invoice for Processed Timber Transport (FA-KO)

Article 4 paragraph (1) Regulation of the Minister of

Forestry Number P.33 / Menhut-II / 2007 concerning

the Second Amendment to the Regulation of the

Minister of Forestry Number 51 /Menhut-II/2006

concerning the Use of Certificate of Origin (SKAU)

for the transportation of timber forest products.

originating from private forest, it is stated that the

SKAU as a legality document is used for the

transportation of community logs and community

processed wood which is transported directly from

private forest or community land. Types of

community logs or community processed logs, the

type of which is transported using SKAU documents,

is determined in the Minister of Forestry Regulation

Number: P.33 / Menhut-II / 2007, while further

transportation of community logs / community-

grown logs uses a note issued by the wood owner by

stating original SKAU number. Article 5 Regulation

of the Minister of Forestry Number: P.33 / Menhut-II

/ 2007 states that the SKAU is issued by the Village

Head / Lurah or equivalent official / other official in

the village where the timber forest products will be

transported, while the SKAU Issuance Officer is

determined by the Regent / Mayor. based on the

recommendation of the Head of Regency / City

Service.

Transportation of community timber other than

those using SKAU and Memorandum using SKSKB

wood transportation documents with the stamp of

"KR". The SSKB stamp KR document is used for the

transportation of logs in the form of logs. However, if

the wood has changed form into processed wood, the

transportation of community timber in the form of

community processing (traditional processing) will

use SKSKB stamped "KR" accompanied by BAP of

changes in form logs into processed wood made by

the owner of the wood, known as P2SKSKB.

Article 1 point 3 of Law Number 18 of 2013

provides the definition of forest destruction as a

process, method, or act of destroying forests through

illegal logging activities, use of forest areas without

permits or use of permits that are contrary to the intent

and purpose of granting permits in forest areas that

are has been determined, has been appointed, or is

being processed by the government.

Eradicating forest destruction is carried out by

means of taking legal action against perpetrators of

forest destruction, either directly, indirectly, or other

related things. Such legal action is carried out through

a process of investigation, investigation, prosecution

and examination in court in accordance with the

criminal procedure law, unless Law Number 18 of

2013 stipulates otherwise. the Definition of Legal

Forest Products Certificate (SKSSH) In Article 1

number 12 of Law Number 18 of 2013 concerning

Forest Prevention and Destruction, it is stated that:

Forest product legality certificates are documents that

are evidence of the legality of forest products in each

segment of activities administration of forest products

”. Article 18 Paragraph (1) supports Koesnadi

Hardjasoemantri's statement that someone who does

not comply with the provisions as stated in the permit

will be subject to administrative sanctions given by

the competent authority. A permit is a juridical

instrument used by the government to influence

citizens to follow the method it recommends in order

to achieve a concrete goal. The variety of concrete

events contributes to the diversity of the purpose of

this permit. Crime (derived from the word strafbaar

feit), which is also often called Delik (derived from

the word Delict). Criminal action is an act that is

prohibited by law and is punishable by punishment,

where the definition of action here is not only an

active act (doing something that is actually prohibited

by law) is also an act that is passive (not doing

something that should be required by law).

Criminal Actions of License Falsiﬁcation for Utilization of Forest Products and / or Users of Forest Areas

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4 CONCLUSIONS AND

SUGGESTIONS

4.1 Conclusion

Falsification of forest product utilization permits and

/ or forest area users in Indonesia is regulated in Law

Number 18 of 2013 concerning Prevention and

Eradication of Forest Destruction in article 24, every

person is prohibited from falsifying permits for

utilization of timber forest products and / or

utilization of forest areas and using permits. Fake

utilization of timber forest products and / or

utilization of forest areas and article 263 paragraph

(1) and paragraph (2) of the Criminal Code, fake

letters or letters that are faked as if the letter is

genuine and not falsified and there is an element of

forgery that causes losses. Furthermore, for

prevention forest Destruction is regulated in Law

Number 32 of 2009 concerning Protection and

Management of the environment and Law Number 8

of 2013 concerning Prevention and Eradication of

Forest Destruction.

The factors causing the criminal act of falsifying

forest product utilization permits and / or forest area

users are economic factors, law enforcement factors

and the development of science and technology

(science and technology) factors that cause the

perpetrator to commit the criminal act of falsifying

forest product utilization permits and / or users.

Forest. This is the low level of public awareness and

the perpetrators of this letter forgery by secretly even

cooperating with elements from related institutions

for personnel administration, making it difficult to

detect their whereabouts.

Efforts to tackle the crime of falsifying licenses

for the use of forest products and / or forest product

areas through non-penal measures emphasize the

preventive nature (prevention, deterrence, or control)

before a criminal act occurs. Non-penal efforts are

aimed at motivating all levels of society to be able to

actively participate in efforts to prevent, ward off and

fight crime and penal measures as special prevention,

namely an attempt to emphasize the number of crimes

by imposing penalties (criminals) against criminals

and also trying to commit acts by way of fix the

perpetrator who committed a crime and involve the

law enforcement apparatus and the community, so

that the crimes that occur can be reduced.

4.2 Suggestion

In order to prevent criminal acts of falsifying forest

product utilization permits and / or forest product

areas, it is hoped that law enforcers and the

community will pay more attention to these actions,

especially the punishments that will be given to the

perpetrators.

In order to be able to anticipate or at least

minimize the criminal act of falsifying forest product

utilization and / or forest product area permits, the

government, especially judges, must be firmer and

impose heavier sanctions on every perpetrator of

forgery of forest product utilization and / or forest

product area permits. so that the sanctions given can

actually provide a deterrent effect for doing so and

can make people afraid to commit crimes for people

who have not committed a criminal act of falsifying

forest product utilization and / or forest product area

permits, given the impact of the perpetrator of the

forgery of forest product utilization permits. and / or

forest product areas may harm the community and the

state or may harm various parties.

In addition to the imposition of criminal sanctions

in addition to the cumulative penalties, given the

impact / consequences of the criminal act of falsifying

forest product utilization permits and / or forest

product areas which harm the state and society,

economically and socially, the punishment should not

only be a punishment / criminal sanction against the

perpetrator as much as possible but must also pay

attention to the losses to the state and society by

imposing disciplinary action sanctions.

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