Pemprov Menangkan Praperadilan Sita Kayu di PN Kotamobagu

Karo Hukum Pemprov Sulut Christian Talumepa SHKaro Hukum Pemprov Sulut Christian Talumepa SH

Manado-Pemerintah Provinsi Sulawesi Utara melalui Biro Hukum Setdaprov Sulut, memenangkan perkara Pra Peradilan nomor 1/Pid.Pra/2013/PN dengan pemohon Yudi Suprastio yang dikuasakan pada Abner Teken tentang perkara penyitaan 15 kubik Kayu Jati milik pemohon tanpa ijin pengadilan.

Kepala Dinas Kehutanan Prov Sulut Herry Rotinsulu selaku termohon memberikan kuasa penuh kepada Biro Hukum Setdaprov Sulut terkait tuntutan Pemohon berupa penggantian rugi sebesar Rp 175 juta disertai dengan pengembalian barang bukti yakni berupa 15 kubik kayu.

‘’Pertimbangan Hakim walaupun penyitaan barang bukti belum ada ijin pengadilan akan tetapi sudah ada bukti permulaan yang cukup tentang tindak pidana kehutanan yakni membawa dan menampung hasil hutan tanpa dokumen yang sah. Atas dasar tersebut, Pengadilan Negeri Kotamobagu memenangkan Dinas Kehutanan Prov Sulut melalui kuasanya Biro Hukum Setdaprov dengan amar putusan menolak permohonan pemohon. Putusan pra peradilan mutlak berkekuatan hukum tetap,’’ jelas Kepala Biro Hukum Setdaprov Sulut Christian Talumepa MSi, Kamis (14/02).

Talumepa selanjutnya menjelaskan soal kronologis yang diperkarakan, dimana Dinas Kehutanan Sulut melakukan penyitaan 15 kubik kayu yang diduga illegal karena pembawa kayu tidak bisa menunjukkan dokumen seperti FAKO, NAKO (Nota Angkutan Kayu Olahan), dan SAL (Surat Angkutan Lelang). Atas dasar tidak lengkapnya dokumen, maka dilakukan penyitaan terhadap 15 kubik kayu dimaksud.

Sementara itu, pihak Pemohon merasa keberatan dengan penyitaan yang dilakukan Dinas Kehutanan karena beranggapan bahwa kegiatan penyitaan harusnya mengantongi ijin Pengadilan. ‘’Pemohon mengajukan pra peradilan terhadap dinas Kehutanan karena menilai proses penyitaan tersebut tidak mengantongi ijin Pengadilan. Padahal tidak harus demikian. Prinsipnya, walaupun penyitaan barang bukti belum ada jin pengadilan akan tetapi sudah ada bukti permulaan yang cukup kuat tentang tindak pidana kehutanan maka penyitaan sudah dapat dilakukan,’’ terang Talumepa.

Dalam sidang praperadilan yang dipimpin hakim tunggal B. M. Cintia Buana MH tersebut, hakim berkeyakinan bahwa tindakan penyitaan yang dilakukan Dinas Kehutanan Sulut sesuai dengan KUHAP dan dalam putusannya Hakim Praperadilan menolak tuntutan ganti rugi sebesar Rp 175 juta disertai dengan pengembalian barang bukti yakni berupa 15 kubik kayu yang diajukan Pemohon Yudi Suprastio lewat kuasa hukumnya Abner Teken. (Tim/sulutonline).

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