Evaluasi Kewenangan Ppns Kehutanan dalam Penanganan Tindak Pidana Konservasi Sumber Daya Alam Hayati dan Ekosistemnya di Balai Ksda Kalimantan Barat

Abstract

Act No. 5 of 1990 on the conservation of natural resources and ecosystems,giving authority to the certain civil service officials in the scope of ministry offorestry, given authority to do investigations in a criminal case in the field ofconservation of natural resources and ecosystems. In the Article 39 paragraph (2)forceful measures contained in the legislation only legal action of Search andSeizure of the evidence, find obstacles especially in legal action in the form ofarrest and detention, so that to completion of case in the investigation process canbe hampered. Writing this scientific paper is a normative juridical research, usingdescriptive analysis conten, so that the data obtained from field research andlibrary research analyzed qualitatively, then be conclude by using the method ofdeductive thinking. The review of the Act No. 5 of 1990 Investigator CivilServants were not given authority to arrest and detention. While the authority inAct number 41 of 1999 not applicable In Act No. 5 of 1990, most practitionersassess and argues that applies the principles of law "lex specialis derogate lexgeneralis." That a special legal rule out the general law, so in the implementationby investigator civil servants of forestry, to do criminal investigations in the fieldof conservation in The Balai KSDA Kalimantan Barat had obstacles.AUTHORITY INVESTIGATOR CIVIL SERVANTS OF FORESTR