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sector that have been identified. Some of the factors causing the community to encroach

on the forest include educational factors, economic factors, and limited supervisors. There

are parties who commit and enjoy the proceeds of crime in real-time that the activity is an

act that can be subject to criminal sanctions, but there are also many parties who do not

even know that the activity is a criminal act, such as a third party at work transportation

means whose means of transportation are used by parties who are not responsible for the

crime of forest encroachment.

The state through its legislative body has ratified a legal product, namely Law

Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction,

which of course has various criminal provisions including imprisonment, fines and

Donny Victorius

Legal protection of property rights third parties are good in law no. 18 of

2013 concerning prevention and eradication of forest destruction 68

Destruction. which are called:

"If part or all of the forest products have been transported or moved to another

place in the vehicle, it is declared that the vehicle has transported the forest products. The

definition of transportation includes the following processes: starting from loading forest

products, importing forest products or transferring. The process of importing forest

products into the means of transporting and transporting forest products to their

destination and unloading from the forest, unloading or transferring forest products

transportation means except forest products that do not have a forest product legality

logging because it is unfair for a third party who owns a vehicle to rent another party

because the state has confiscated the vehicle. Because the third party only rents out the

means of transportation to other people without being noticed by the person who refuses

the criminal act. And what are the procedures or studies to carry out an examination of

the disagreement of a third party with good intentions? The law does not help him.

Often in explaining statutory regulations, legislators are quite clear. The legal

provision which later became "quite unclear", that from a systematic perspective, the

2013 Law on the Prevention and Elimination of Forest Destruction was passed in Article

18 which discusses Article 16 concerning goods seized by the state. The auction of

evidence items is included in Article 45, and Article 40 and Article 41 proving the

feel unable to function as an instrument for carrying out political and legal

transformation, then the judge's decision becomes the last door in the process justice

expected. The existence of language and the subjectivity of the meaning of words,

especially those used in statutory regulations, are one of the reasons for the need for legal

discovery by judges, both in the form of interpretation and construction.

From the systematic description of Law No. 18 of 2013 concerning Prevention

and Eradication of Forest Destruction and Supreme Court Circular (SEMA) Number 01

Circular (SEMA) Number 01, 2008) in which Judges throughout Indonesia must pay

close attention to Article 78 (15), ( Law Number 41, 1999) therefore, bonafide third

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In theory and practice, there is relatively little attention to third parties, which

leads to the abstraction of legal protection from these third parties. If court decisions are

inconsistent with judicial justice, it is imperative to provide legal protection to third

parties who are clear owners of the property confiscated, and in fact the third party itself

cannot be found much to test court decisions. Clearly not responsible for liability to third

parties in good faith, nor can it provide legal protection for confiscated.

Previously, (Sipayung, Pakpahan, Widiyani, & Devi, 2019) had conducted a

an irrelevant criminal act so as to provide justice to the third party. This research is

different from previous research, this study will focus more on legal certainty and legal

protection obtained by third parties.

RESEARCH METHODS

This research is normative legal research or literature law research, which is

research conducted by examining library materials or secondary data alone.

The secondary data in this thesis include: Primary legal materials, which consist

of statutory regulations in this case: Law no. 41 of 1999 concerning Forestry, Law no. 18

of 2013 concerning Prevention and Eradication of Forest Destruction, Law Number 48 of

2009 concerning the Principles of Judicial Power, Law no. 31 of 1999 Jo Law no. 20 of

2001 is about the status of evidence. Secondary legal materials, which explain primary

legal materials, such as papers from legal circles, opinions of legal experts related to the

Regarding legal efforts for third parties to confiscate evidence of their criminal

acts in court decisions, provisions regarding bonafide third party remedies are not

regulated in the Forestry Law and the Law on Prevention and Elimination of Forest

Destruction. Legal considerations in the decision of the Constitutional Court No. 021 /

PUU-III / 2005 dated March 1, 2006 concerning judicial review of Article 78 (15) of Law

"Considering, from the description above, it is clear that not every seizure of

property rights is automatically contrary to the 1945 Constitution. Deprivation of property

can be justified as long as it is carried out in accordance with the principles of due process

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2013 concerning prevention and eradication of forest destruction 70

principles, the property rights of third parties with good faith (ter gooder trouw, good

faith) must still be protected. "

In several examples of decisions regarding legal protection for third parties as

owners of goods / tools for confiscation or return of goods / tools belonging to third

parties with good intentions in judges' decisions on cases / criminal acts of illegal logging

(illegal logging), it becomes interesting as a clash between legal certainty (legal justice)

and justice (philosophical justice), there is even a difference of opinion between the

judges on legal considerations in their decisions regarding the determination of the status

owner of the vehicle was), even though the judge's decision at the first level or at the

district court or high court decided not to confiscate or return evidence belonging to a

third party related to the act. criminal even though the law orders to seize it.(Putusan

Mahkamah Agung RI, 2015)

There are differences in the judges' thinking regarding the determination of the

status of evidence belonging to a third party in their decision, both confiscating and

returning it, so it is preferable that in every statutory regulation in general and particularly

in the forestry law, so that it can function effectively and efficiently, The law must

comply with three principles, namely juridical, sociological and philosophical

principles.(Sutedi, 2020) If these three principles are not fulfilled, this is where the

objection, because legal certainty is not achieved during the implementation process. For

example, according to Law Number 18 of 2013, the authority of investigators even

though the case is illegal. logging, forest destruction which is also entitled to go through

auction procedures has not yet been determined by judicial judges.

As a result, the third party cannot use the confiscated property as evidence in

court, thereby causing the third party to lose their right to recover their property. When a

third party opposes a court decision in a criminal case relating to evidence, if that party

recognizes and can prove it properly and can persuade others to automatically change the

confiscated evidence, then the country's position will change. (Makausi, 2019) The judge

considered that the property was his legal property and obtained evidence that the

evidence was indeed in the case and it was decided to be confiscated by the state, the

identity must be issued as an item outside the case.

Taking into account material rights that must be protected by law, then as a form

of protection for third parties who are harmed in the process of executing evidence in a

criminal case, it is necessary to formulate laws and regulations against enforcement of

evidence third party. (Usanti, 2012) Whereas in the field of substantive criminal law,

certain criminal acts are regulated in statutory laws concerning the right to oppose court

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formal legal provisions, because as a legal tool for a third party with good intentions, the

third party believes that by determining the status of evidence of a criminal act its

ownership has been hacked.

The concept of legal protection for third parties who feel their rights and interests

have been impaired by determining the status of evidence of a crime is to form a legal

policy by creating a separate (special) procedure / mechanism to guide the use of the third

party derden verzet Special remedy for third parties as a formal legal tool used by third

Seen from the perspective of criminal law, efforts to combat criminal acts can be

seen from various aspects, including aspects of criminalization policy and aspects of

criminal liability (mistakes) and aspects of punishment.

Based on the three main issues of criminal law, namely criminal litigation,

criminal liability or negligence and the aforementioned sanctions, the following matters

need to be considered in the laws and regulations and illegal logging policy. (Barda

Nawawi Arief, 2018)

1. Criminalization Policy Issues.

forest destruction.

c) Subjects of Illegal Logging Crime

2. Problem Subjects of Crime

The subjects of illegal logging crime are individuals and legal entities or business

entities / companies. By making companies the subject of a criminal act, the criminal

system must also be directed at the company. The meaning must be:

1) when it was said that the corporation had committed a criminal act;

2) who can be accounted for;

3) in terms of how the corporation can be accounted for; and

4) what types of sanctions can be imposed on corporations

Legal subjects are individuals and companies, although the criminal acts of the

two legal subjects are defined in the same clause, they have the same criminal threat,

however, the criminal acts of individuals and companies must be separated.

3. Problem Formulation of Criminal Sanctions

Criminal sanctions should not be formulated explicitly, this is a rigid imperative,

however, if the criminal sanctions are formulated in an alternative / optional way, it is

better to deal with the problem from the perspective of the problem, so that it is lenient at

Legal protection of property rights third parties are good in law no. 18 of

2013 concerning prevention and eradication of forest destruction 72

imprisonment or a fine imposed on the main crime which will be considered by the judge

for the sentence.(Juarsa, 2019)

Criminal sanctions are rigidly formulated and cumulative, and have the same

priority as individuals or companies, so that if the convict "company" is fined, it becomes

a problem. In this law, there are no specific provisions regarding unpaid fines other than

fines. This means that the general provisions of the Criminal Code (Article 30) can be

limited by alternative means. When applied to a company, this becomes a problem

because the company cannot impose substitution restrictions.

during the investigation stage, the auction process of evidence should be carried out after

a judge's decision is transparent and final.

Please refer to the description of the development of illegal logging crimes and

understand the possible impacts of illegal logging which are not only related to economic

aspects, but also ecological, social and cultural aspects. (Bawono & Mashdurohatun,

2021) Likewise, law enforcement against illegal logging is not only aimed at maintaining

legal justice, but also at the same time maintaining social and economic justice. This

means not only giving criminal sanctions / sanctions to the perpetrators ng the heaviest

auction off evidence. System changes during the process can only be carried out through

a judge's decision within the scope of authority Justice.

Weaknesses in the framework of criminal law reform must be added. Because

talking about the criminal liability system from the perspective of criminal law policy

means holding general elections to achieve the best results from criminal legislation, in

the sense of meeting the requirements of justice and effectiveness, and must be based on

the current situation and for future interests.

Through the above discussion, the concept of third party resistance (derden

verzet) in the field of civil law must be used as a formal legal tool to resolve objections /

against criminal decisions against confiscation or confiscation of criminal evidence to

protect property rights third party. From the perspective of the systematic preparation of

auction procedures at the investigation level in Article 40 paragraph 4 of Law Number 18

Year 2013, it is necessary to systematically modify the evidence which can only be

carried out by the judicial authorities within the scope of the judiciary. Inclusive

decisions. In addition to protecting bona fide third parties from law enforcement

regarding the confiscation and confiscation of assets, confiscation and confiscation of

assets deemed to cause large potential losses, it is better to evaluate the provisions of

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evidence at the stage of investigation and is not a provision regarding auction in the realm

of a judge's decision or in the realm of the judiciary. In accordance with the verdict of

illegal logging criminal cases, legal protection of third party civil rights seized by the

state must be carried out, and legal remedies (derden verzet) are submitted before

evidence is executed.

Decisions in third party defense cases (derden verzet) against decisions in

criminal cases only have the nature of improving the status of evidence items which are

the subject of criminal decisions, especially in cases that are detrimental to third parties.

Legal protection of property rights third parties are good in law no. 18 of

2013 concerning prevention and eradication of forest destruction 74

the Field of Illegal Logging for Environmental Conservation and Efforts to

Overcome it. Journal of Law, 26 (2), 590–611.

Juarsa, Eka. (2019). Analysis of the Formulation of Criminal Fines in the Criminal Code.

Al-Adl: Journal of Law, 11 (1), 1–14.

Christian, Yudi. (2014). Corporate Criminal Liability in Economic Crimes. Journal of

Law Studies, 5 (1), 61–70.

Lutham, Salman. (1999). Criminalization Policy in Criminal Law Reform. Legal Journal

criminal cases number 2317 K / PID.SUS / 2015. , (2015).

Constitutional Court Decision Number 021 / PUU-III / 2005. judicial review of Article 78

paragraph (15) of Law Number 41 Year 1999, (2006).

Sipayung, Erlita, Pakpahan, Kartina, Widiyani, Heni, & Devi, Nelly Sri. (2019). Legal

Protection for Third Parties as Owners of Heavy Equipment Used in Committing

Forest Encroachment Crimes. Strait Journal, 6 (2), 172–183.

Supreme Court Circular (SEMA) Number 01. Guidelines for Handling Forestry Crime

Cases. , (2008).

Sutedi, Adrian. (2020). Implementation of the principle of public interest in land

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