This research intended to know the legal norms of which had been used by the
judge in deciding the case concerning on criminal act of illegal logging based on
these two decisions of Supreme Court, as well to know the factors of which behaves
as the causes of the emergence of illegal logging criminal act in Indonesia.
This research was descriptive research and if it is perceived from its purpose it
includes as normative legal research. The type of data used was secondary data. The
technique of data collection used i.e. through the court behaviour research or judges’
decision as well as literary research, either from literatures, regulations, documents, et
cetera. The data analysis used technique of dedutive logical data by qualitative
approach.
Based on the result of this research and analysis data of which had been
conducted thus it is concluded that these two criminal cases were criminal cases of
illegal logging, of which the legal norms used by the judge in deciding this criminal
case is the Article 50 of paragraph (3) letter h junction the Article 78 paragraph (7) of
the Laws Number 41 of 1999 on Forestry as had been changed into the Laws Number
19 of 2004 junction the Article 55 paragraph (1) of the Criminal Code. Furthermore,
from the result of this research, it can be drawn conclusion, that the use of legal norm
by the judge is proper and appropriate to the determination of valid regulations.
However, on the ground of this regulations does not regulate on the minimal limit of
deciding criminal punishment, as well the selective characteristic towards its legal
subject, it makes this legal use is not maximal, thus the achievement of legal
supremacy in order to be a prosperous and justice state also prohibited.
The theoretical implication of this research was as a medium to be able to give
the consideration contribution to the development of Criminal Code in general and
Criminal Law in specific, particularly concerning on the norms used by the judge in
deciding illegal logging criminal case based on valid legal substance in order to
enforce the criminal law of illegal logging in Indonesia. Meanwhile its practical
implication is the result of this research can be used as recommendation of
government in order to review the regulations of which is hoped can accomodate the
matters relating to the forestry sector, either the creation of legal supremacy in
Indonesia concerning on the ellimination of illegal logging criminal act.