TKP Tanah Adat Or Negara Jadi Pertimbangan Hakim Vonis Free Penebang Kayu Di Register 42 Way Kanan Lampung

The defendant, Register 42 Way Kanan, was acquitted by the Tanjungkarang Lampung District Court (ANTARA/HO)

The Panel of Judges at the Tanjungkarang District Court (PN), Bandarlampung, acquitted the defendant Nofrika Duris Pratama regarding the logging case in the Register 42 Way Kanan Forest area, Lampung.

"The defendant was released from custody," said Chief Justice, Wini Noviarini in reading the verdict at the Tanjungkarang District Court, Bandarlampung, Wednesday, August 23, which was confiscated by Antara.

In the decision, the panel of judges also stated that the demands of the public prosecutor (JPU) could not be accepted, so the ruling asked the prosecutor to issue the defendant immediately.

"Ordered the defendant to be issued and some evidence returned to the defendant," he said.

On this decision, the defendant and his legal adviser stated that they accepted it. As for the prosecutor, he temporarily expressed his thoughts.

The panel of judges decided that the defendant's case with the consideration of the panel of judges regarding the prosecution of the prosecutor could not be accepted because it had to be proven first whether the location of the incident (Register 42 land) was customary or state property.

Prosecutor Kandra in the trial some time ago also presented an expert witness from the Forest Area Plantation Center (BPKH) regarding the issue of the location of the land, whether it is owned by the customs or the state.

"Ahli dari BPKH pada sidang ahli lalu menyatakan bahwa lokasi itu merupakan kawasan Register 42," kata Kandra.

Spokesperson for the Tanjungkarang District Court, Bandarlampung, Samsumar Hidayat stated, based on all legal facts revealed at the trial that the panel of judges in assessing the expert's statement was not bound.

According to him, when the panel of judges considered that someone presented by the prosecutor or legal advisor was not an expert, the panel of judges would share their opinion.

"But when the panel of judges considers that someone who is presented as an expert witness in accordance with the qualifications who meets the requirements as an expert will consider the opinion of an expert under oath in the trial," he said.

He also emphasized that the trial was not the judge who had acquitted the defendant, but that the verdict stated that the prosecutor's prosecution was unacceptable.

"This means that there must be a legal status first regarding the land. If it is clear who it belongs to, then law enforcement is proven. If there is no clarity on the status of a land, then it will be premature if criminal law enforcement is carried out," he said.

Defendant Nofrika Duris Pratama, who is a traditional developer, underwent a trial on the alleged logging case managed by PT Inhutani V with PT Paramitra Mulia Langgeng who entered the Forest Register 42 Way Kanan area.

At that time, he was asked to make a hut with a salary of Rp. 14 million at the local location. However, until finally, he cut down a tree suspected of being on register 42 which was managed by PT Inhutani V with PT Paramitra Mulia Langgeng which entered the Forest Register 42 Way Kanan area.

For the logging, he was then reported to law enforcement for cutting trees without a permit and utilizing trees to build huts.