ABSTRACT
ABSTRAK
Tujuan Penelitian: Penelitian ini bertujuan untuk menganalisis secara yuridis Putusan Pengadilan Militer Tinggi III Surabaya No. 114-K/PMT.III/BDG/AL/VII/2023 tentang keterlibatan dua anggota aktif TNI Angkatan Laut dalam tindak pidana pengangkutan hasil hutan kayu tanpa dokumen yang sah (illegal logging). Analisis ini berfokus pada penerapan norma-norma umum hukum pidana, hukum kehutanan, dan hukum militer yang bersinggungan dalam perkara ini, serta sejauh mana asas “kesetaraan di hadapan hukum” diterapkan kepada personel militer.
Metode Penelitian: Penelitian ini menggunakan metode yuridis normatif (metode doktrinal) dengan pendekatan analitis terhadap peraturan perundang-undangan, doktrin hukum, serta putusan pengadilan. Bahan hukum yang dianalisis meliputi Undang-Undang Nomor 34 Tahun 2004 tentang Tentara Nasional Indonesia, Undang-Undang Nomor 18 Tahun 2013 tentang Pencegahan dan Pemberantasan Perusakan Hutan, Kitab Undang-Undang Hukum Pidana, Kitab Undang-Undang Hukum Pidana Militer, Undang-Undang Nomor 31 Tahun 1997 tentang Peradilan Militer, serta Peraturan Pemerintah Nomor 5 Tahun 2021.
Hasil: Hasil penelitian ini menunjukkan bahwa tindakan personel TNI AL dalam perkara ini terbukti melanggar hukum positif baik dalam ranah pidana umum maupun ranah hukum pidana militer. Putusan hakim dinilai tepat karena mempertimbangkan alat bukti yang sah, kerugian negara, serta asas persamaan hukum tanpa membeda-bedakan status kelembagaan militer. Penjatuhan pidana berupa pidana penjara dan denda dalam perkara ini juga mencerminkan konsistensi penerapan asas negara hukum dalam peradilan militer.
Aplikasi Penelitian: Penelitian ini dapat menjadi acuan untuk menegakkan hukum terhadap aparatur negara, khususnya personel militer, yang melakukan pelanggaran hukum di luar kewenangannya. Selain itu, analisis ini dapat digunakan sebagai bahan evaluasi dan penyempurnaan sistem pengawasan internal di lingkungan Tentara Nasional Indonesia agar lebih transparan dan akuntabel.
Kebaruan: Teori "kesetaraan di hadapan hukum" menganalisis keputusan militer ini secara mendalam menggunakan teori ratio decidendi. Penelitian ini menawarkan analisis interdisipliner antara hukum militer, hukum lingkungan, undang-undang perizinan, dan asas keadilan konstitusional dalam satu putusan, sekaligus penegasan bahwa asas "kesetaraan di hadapan hukum" tetap harus ditegakkan bagi seluruh warga negara, termasuk aparat pertahanan negara.
Kata Kunci: Keputusan Militer, Keadilan, Kejahatan, Pembalakan Liar
The Unitary State of the Republic of Indonesia is a country in the form of a republic that has a coordinate that crosses seas and is located between two continents. Its coordinate is 6º N – 11º S and 95º E - 141º W. In carrying out its government, it uses the constitution as the basis, namely the Republic of Indonesia’s 1945 Constitution. On the one hand, the confirmation of the highest regulatory hierarchy in this case is the law enforcement that is contained in Article 1 clause 3, which states, “The nation, in this case our Land of Water (a term to call Indonesia), is a legal state.” This means that every action and act that violates legal norms will have consequences as written in the applicable regulations
Seeing the room of legal substance principle that exists in Indonesia, there is no difference between the existing groups. Everyone is deemed the same, and this is even reflected in an adage, namely "equality before the law", where this legal principle is mandated to the law enforcement apparatus. As a country whose territory stretches from Sabang (the eastern point) to Merauke (the western point of Indonesia), the job to maintain and secure the safety and sovereignty of the area and border, the land, water, and air is carried out by competent and tested soldiers
However, unfortunately, in the existing dynamics, this honorable authority that is given to soldiers is misused for personal gain or what is commonly known as "conflict of interest". In this case, two soldiers were known to utilize their position to sell illegal timber. This was proven in Decision of the High Military Court III of Surabaya No. 114-K/PMT.III/BDG/AL/VII/2023 on the Criminal Case of the Involvement of Indonesian National Navy Members in Timber Sales
Ideally, a soldier, especially in the military sector or the navy, should focus on their main tasks and functions. In this case, the navy’s authority is to guard the sea and ocean from things that may disturb the state’s diversity and security. This also violates Law No. 34 of 2004, Article 83 clause (1) letter b juncto Article 12 huruf e of the Republic of Indonesia’s Law No. 31 of 1997 on Military Justice and other related legal regulations.
Based on the description above, added with various argumentation, description, opinion, and substance that have been elaborated in the introduction, this research aims to carry out a juridical analysis on the Decision of the High Military Court No. 114-K/PMT.III/BDG/AL/VII/2023 on the Case of Indonesian Navy members’ involvement in the forestry criminal action. Apart from that, it also aims to carry out a legal interdisciplinary analysis on the “equality before the law” principle in the military decision on the Indonesian Navy members’ involvement in the forestry criminal action.
This research employed the normative juridical approach
In this research, the normative juridical approach was used to analyze the Decision of the High Military Court No. 114-K/PMT.III/BDG/AL/VII/2023, by analyzing the legal bases that judges used to make the decision, including its link to Law No. 34 of 2004 on the Indonesian National Army, Law No. 18 of 2013 on the Prevention and Elimination of Forest Destruction, the Criminal Code, the Military Criminal Code, and Law No. 31 of 1997 on the Military Court
This case involves two active members of the Indonesian National Navy from the 2nd Marine Howitzer Battalion, namely Marine Corporal I, initialed I.B. and Marine Corporal II, initialed K.W. who were indicted to be involved in the act of transporting forest produce in the form of Indian rosewood (Dalbergia latifolia or locally known as sonokeling) type of timber without official documents
The two were validly and certainly proven to have committed the criminal act of transporting forest produce in the form of sonokeling type of timber without official documents
The act of escorting these timbers was carried out twice in the period between October 3 rd and 11 th , 2022. In the first occurrence, the timbers were taken from the Nganjuk area and were transported to Lamongan. The two defendants obtained rewards in the form of some money over the escorting service, which was transferred through a personal bank account as well as given in cash
Such information from society led to the act of siege and blockade by people in the Nganjuk area with the support of the police force and forest patrol. When the timber-transporting truck wanted to pass through the location that had been blocked by society, the vehicle was stopped, and the timber cargo was forcefully opened
The involvement of military members in such illegal business activities clearly violates the basic principles and ethics of the Indonesian National Army soldiers as regulated in Law No. 34 of 2004 on the Indonesian National Army, especially Article 39 clause (3), which firmly prohibits active military members from being involved in business activities. Apart from that, the action of these defendants also violates the stipulations in Law No. 18 of 2013 on the Prevention and Elimination of Forest Destruction as well as the stipulations in the Criminal Code and the Military Criminal Code, especially related to the neglect towards service orders, exceeding their authority as military apparatuses
Based on the description in the Decision of the High Military Court III of Surabaya No. 114-K/PMT.III/BDG/AL/VII/2023, the following is the analysis of the elements of criminal actions that have been fulfilled based on the indictment filed against Defendant-1 (I.B.) and Defendant-2 (K.W.):
The Elements of Criminal Actions in the First Indictment
The violated article:
Article 83 clause (1) letter b, which was amended into Article 12 letter e of Law No. 18 of 2013 on the Prevention and Elimination of Forest Destruction, was amended into Article 55 clause (1) of the Criminal Code.
a. Anyone who
This element refers to anyone without exception, including members of the Indonesian National Army. I.B. and K.W. are individuals who are valid legal subjects according to the law, even though they have the status OF military members. The law still binds every citizen (the principle of “equality before the law”)
b. Deliberately
The element of deliberation is fulfilled because the actions of I.B. and K.W. were carried out with full awareness and planning. It has also happened twice, proven by coordination, the use of vehicles, communication with buyers and sellers, as well as the division of the transaction’s profits.
c. Transport, have power over, or own forest timber products
This element was fulfilled as the defendants had an active role in escorting, transporting, and having physical power over the sonokeling type of timber in two illegal logging activities. Even, the defendants became a mediator between buyers and sellers.
d. Which is not simultaneously completed with a valid statement letter of forest produce
This is the central element in the forestry criminal action. The timber that was transported was not completed with a valid statement letter of forest produce, as acknowledged in the facts in the court. This shows administrative and criminal violations against forestry regulations
e. Carried out cooperatively (Article 55 of the Criminal Code)
This element was proven because the two defendants carried out this deed in a cooperative manner as they divided tasks and shared profits. The two defendants also communicated with other parties, such as truck drivers and porters, who showed the existence of an agreement and cooperation.
The Elements of Criminal Actions in the Second Indictment
The violated article:
Article 103 clause (1) of the Military Criminal Code.
a. Military members who reject or deliberately fail to comply with service orders. I.B. and K.W. were active members of the Indonesian Navy who have the obligation to comply with service orders. The actions of these two defendants violated Naval Technology College No. 045/Sintel/0722, which prohibits involvement in illegal escorts, including the escort of illegal businesses
b. Or arbitrarily exceeding their service order by participating in escorting or obtaining profits from illegal activities (outside of service tasks). The defendants have exceeded their authority as military members. Even, they have misused their institutional position and attributes for personal gain.
In making its decision, the High Military Court III of Surabaya considered several legal aspects and court facts in a comprehensive manner. The two defendants were deemed actively involved in the activity of transporting forest produce in the form of sonokeling timber without valid documents with full awareness that such an action violates the stipulations of legal regulations. The defendants' awareness of the lack of valid documents, added with their direct involvement in the transporting and escorting processes, shows the existence of an element of bad intention (mens rea) and law-violating action (actus reus). These two elements have simultaneously been fulfilled and are undeniable
The Assembly assessed that all elements in the two indictments, both the formal and material aspects, have cumulatively been fulfilled. From the formal aspect, the identity and status of the two defendants as active soldiers of the Indonesian Navy have been proven as well. Their actions have concretely violated Article 83 clause (1) letter b juncto Article 12 huruf e of the Republic of Indonesia’s Law No. 18 of 2013, as well as Article 103 clause (1) on the Military Criminal Code.
In the material aspect, the actions of these two defendants harmed the state, both in the form of environmental damage as well as economic losses over forest produce that is owned by the state. Therefore, the Assembly confirmed that the two defendants were proven to have validly and certainly declared guilty. The Assembly imposed sanctions in the form of imprisonment and fines on both defendants according to their proportion. This decision reflects the application of the equality before the law principle, that every citizen, including active military soldiers, must comply with and are equal in the face of the law
Then, the Judge Assembly also paid attention to the validity of the Chief of Naval Staff Telegram Letter No. 045/SINTEL/0722, which strictly prohibits the involvement of Indonesian Navy soldiers in illegal escorts and unauthorized activities outside of service. The action of these defendants has violated these stipulations and is deemed a form of disobedience towards internal military regulations that are binding and that have legal value. Apart from that, the fact that these two defendants carried out this type of illegal activity twice in a row shows that there is a pattern of repeated behavior (recidive) which strengthens the deliberation element in this case. From the juridical aspect, this clarifies that there is no reason for the elimination of criminal penalties or justification or forgiveness that may free these two defendants from legal liability
The Decision of the High Military Court III of Surabaya in case No. 114-K/PMT.III/BDG/AL/VII/2023 firmly strengthens the decision of the Military Court III-13 of Madiun at the first level. In its decision order, the Judge Assembly imposed punishment in the form of imprisonment for one year each to Defendant I.B. (Marine Corporal I) and K.W. (Marine Corporal II), along with fines in the amount of Rp. 500,000,000 (five hundred million rupiahs) for each defendant. If they fail to pay this amount, it will be substituted with an arrest for three months. This decision also imposes appeal-level case fees to each defendant, with the amount of Rp. 10,000
From the perspective of military ethics, the action of these two defendants was a violation ofthe ethical code, specifically the Indonesian National Army soldiers' ethical code, which emphasizes loyalty, discipline, and integrity. This action harms the institution's dignity and weakens the public trust towards the military as a state apparatus that guards the sovereignty and law
The illegal actions that the two active Indonesian National Navy members carried out in the form of transporting forest produce in the form of sonokeling wood without valid documents not only lead to moral and legal losses but also have a direct impact on the state's economic and environmental sustainability aspects
Further, the act of illegal logging is one of the serious threats to environmental sustainability. Systematic illegal logging will lead to deforestation, forest degradation, and the loss of biodiversity. In the long term, its impacts include the increase in the potential of ecological disasters such as floods, landslides, and extreme drought, as well as local and regional climate change. In this case, even societal members have reported that this illegal logging activity has damaged the people's agricultural land, including the destruction of porang plants. There was also the concern over the potential for floods to occur due to the loss of water-retaining vegetation
The law enforcement approach towards environmental crimes, especially those involving state actors, must be carried out in a firm and holistic manner. Apart from the penalization mechanism, there is also a need for environmental restoration and sustainable education for all state security institutions to prevent them from being trapped in destructive practices over national natural resources
From the aspect of procedural law, this justice procedure has passed through appropriate legal stages, starting from the examination, lawsuit, up to the appeal-level court
An analysis towards this decision needs to be carried out with a juridical normative approach that reflects the integration between legal norms, social norms, and theoretical values in the national legal system
In this case, the two Indonesian National Navy members with the initials of I.B. and K.W. were proven to have committed illegal business activities, namely the escort and transport of forest produce timber without valid documents, which is categorized as a forestry criminal action. This action has clearly violated Article 39 clause (3) of the Indonesian National Army Law, which explicitly prohibits soldiers from becoming involved in any form of business activities. The active involvement of these two defendants in the transaction process, the communication between the seller and the buyer, as well as the obtainment of profits for their services, shows an element of deliberation (dolus) in this violation
Then, the action of these two defendants has also violated Article 83 clause (1) letter b juncto Article 12 huruf e of the Republic of Indonesia's Law No. 18 of 2013 on the Prevention and Elimination of Forest Destruction. This article stipulates the prohibitions against forest destruction, stating that anyone who deliberately transports, has control over, or owns forest produce without the completion of a valid statement letter of forest produce. This case was completed with physical evidence in the form of sonokeling timber and financial transactions. Thus, the elements of the offense in this article have been completely fulfilled
In the general criminal law, the involvement of I.B. and K.W. is also catergorized in the scope of inclusion as stipulated in Article 55 of the Criminal Code, where the two defendants simultaneously carry out criminal actions that lead to the state’s losses. This article firmly states that every person who participates in a criminal action is also responsible for the legal impacts of that action, even though he does not carry out all elements of the offense
What is no less important is that the violation against Article 103 clause (1) of the Military Criminal Code, which reaches military members' actions that reject or exceed the official orders. The defendants' action in participating in that illegal action was under their own initiative. This shows an insubordinate attitude towards the orders and stipulations of the command, especially Chief of Naval Staff's Telegram Letter which prohibits the Indonesian Navy personnel from carrying out illegal escort
From the perspective of the “equality before the law”
Philosophically, in the state framework of Pancasila ("The Five Principles" that make Indonesia's state ideals), the justice principle not only has a formal characteristic but also has a substantial one. In this case, the violations that the active military personnel committed were not only perceived as a form of legal violation but also a betrayal towards the basic values that are attached to soldiers as the protectors of the people and the state.
The Decision of the High Military Court III of Surabaya, which strengthens the decision at the first level by imposing a penalization of imprisonment for one year and fines with the amount of Rp. 500,000,000 towards each defendant can be deemed fulfilling the juridical, sociological, and theoretical aspects. This shows that the military legal mechanism can carry out the control function towards the behavior of its two members while still aligning with the constitutional framework and the principles of a legal state
Then, it should be added that even though in general, citizens have the right to make efforts as guaranteed in the Governmental Regulation No. 5 of 2021 on the Establishment of Risk-Based Business Permits, that right does not absolutely apply to active members of the Indonesian National Army
Decision of the High Military Court III of Surabaya No. 114-K/PMT.III/BDG/AL/VII/2023 shows that the action of active members of the Indonesian National Navy with the initials of I.B. and K.W. was validly and certainly proven to have committed the criminal act of transporting forest produce in the form of
From the juridical analysis towards the relevant regulatory framework, it has been proven that the actions of I.B. and K.W. not only violate the norms of the positive law on forestry but also directly violate Article 39 clause (3) of the Law on the Indonesian National Army, which prohibits active soldiers from becoming involved in business activities. Further, this decision is also in line with the principle of equality before the law, as confirmed in Article 27 clause (1) of the 1945 Constitution and the principle of the legal state, which guarantees equality in the face of law without discriminating against social status, institution, or position. In a Pancasila state, legal violations by state apparatuses cannot be tolerated and must be firmly punished, as justice in law does not only have a formal characteristic, but also has substantive and civilization characteristics, as reflected in the values in Pancasila’s principles.