Interpreting Forest Destruction Laws: A Legal Analysis of Prevention and Enforcement Mechanisms

Abstract

This study aims to analyze the interpretation and application of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction, particularly the element of "organized," in judicial practice. The background to this study stems from the high rate of deforestation in Indonesia and the differences in judicial interpretations that have implications for legal uncertainty. This study employs a normative juridical method, utilizing a statutory regulatory approach and examining court decisions, specifically Decision Number 84/Pid.B/LH/2020/PN.Wns and Decision Number 59/Pid.B/LH/2022/PN.Sdr. The results show significant differences in the interpretation of the element of "organized." The Watansoppeng District Court Decision applies a strict grammatical interpretation, requiring a formal organizational structure. In contrast, the Sidenreng Rappang District Court Decision employs a more flexible teleological interpretation, emphasizing collective action and commercial objectives, even in the absence of a formal structure. Various factors, including legal interpretation approaches, socio-cultural contexts, moral considerations, and prior law enforcement practices, influence these differences. This article emphasizes the importance of standardizing the interpretation of the "organized" element to ensure legal certainty and effective law enforcement in forest protection.