The Efforts to Implement Prevention of the Criminal Act of Trading in Endangered Animals

Rachmat Dwi Cahyo Utomo, Bambang Tri Bawono

Abstract


This research aims to study sociologically the criminal act of trafficking in protected endangered animals in Yogyakarta, Indonesia. The prohibition on trade in endangered and threatened animals is relevant to this concept. The press conference revealing the case by the Yogyakarta Regional Police in March 2022 highlighted concerns about the illegal trade in endangered animals in the region. The DIY Regional Police is collaborating with the Yogyakarta KSDA Center to take action against this case. The research approach used in this thesis is a juridical-sociological approach. This approach combines two scientific disciplines, namely law and sociology, in analyzing legal problems related to social phenomena. This approach is very suitable for use in research regarding criminal acts of trade in protected endangered animals in Yogyakarta, because this problem not only involves legal aspects, but also social and environmental aspects. Prevention of criminal acts of trading in endangered species can be carried out through the implementation of Law Number 5 of 1990 concerning Conservation of Living Natural Resources and Ecosystems. This law regulates the protection of endangered animals, preserving the diversity of plant and animal species, as well as the sustainable use of natural resources. Prevention of criminal acts of endangered species trade is faced with several obstacles, including increasing online trade which is difficult to detect, limited human and technological resources, complex smuggling networks, low public awareness, regulatory differences between countries, and the involvement of cross-border actors. However, law enforcement officials have their own methods for dealing with these obstacles so that the implementation of preventing criminal acts of endangered animal trade takes place effectively.

Keywords


Animal; Endangered; Hunting; Illegal; Trade.

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References


Criminal Code, Criminal Procedure Code (KUHAP) Number 8 of 1981,

Fadel, Achmad, Vera Novianti, and Neisa Angrum Adisti. 2020. "Analysis of Judges' Considerations in Sentencing Criminals Against Perpetrators of Protected Animal Trafficking Crimes (Study of Judges' Decisions)". Sriwijaya University Journal.

Government Regulation Number 8 of 1999 concerning the Utilization of Rare Types of Plants and Animals

Hanim, Lathifah, Munsharif Abdul Chalim, and Jawade Hafidz. "Implementation of Protection of Rare Animals Protected According to Indonesian Law and International Law." Proceedings of the National Research and Community Service Seminar. Vol. 1. No. 1. 2020.

Hidayat, Angga Arif. 2023. "The Role of the Natural Resources Conservation Agency (Bksda) in the Protection of Protected Animals in Yogyakarta."

Imron, Muhammad Ali. 2022. Individual-Based Modeling for Wildlife Conservation. Yogyakarta: UGM Press.

Katsir, Sukron. 2021. "Buying and Selling Protected Animals from the Muamalah and Shrimp Fiqh Perspective - Law No. 5 of 1990 Concerning Conservation of Biological Natural Resources and Their Ecosystems". Journal of the Sharia Faculty of Sharia Economic Law Study Program.

Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems

Marzuki, Peter Mahmud. 2008. Introduction to Legal Science. Jakarta: Kencana Pranada Media Group.

Mertokusumo, Sudikno. 2010. Legal Discovery An Introduction. Yogyakarta: Liberty. Moeljatno. 2008. Principles of Criminal Law. Jakarta: Rineka Cipta.

Mushafi, Syarif Hidayatullah, and Siti Aisyah. 2021. "Implementation of Sanctions for Problematic Students at the Nurul Jadid Islamic Boarding School from Lawrence M. Friedman's Law Enforcement Theory Perspective."

Pesak, Diana Nofia. 2020. "Punishment of Perpetrators of Trade in Endangered Animals According to Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems". Lex Privatum 8.3.

Please, Hasaziduhu. 2019. "Law Enforcement in Indonesia According to the Aspects of Legal Certainty, Justice and Benefits". Dharmawangsa News 13.1.

Rahardjo, Satjipto. 2003. Other Sides of Law in Indonesia. Jakarta: Kompas.

Raharjo, Satjipto. 2009. Progressive Law, A Synthesis of Indonesian Law. Sidoarjo: Genta Rasjidi, Lily. 1994. School of Legal Philosophy and Its Reflections. Bandung: Rosdakarya Youth Offset.

Rusdianto, Fandy Jullio. 2023. "Law Enforcement against Perpetrators of the Crime of Poaching and Smuggling Protected Wild Animals". Wijaya Kusuma Surabaya University Journal.

Soekanto, Suryono. 2005. Basics of Sociology of Law. Jakarta: PT Raja Grafindo Persada Sudek. 2021. Law and Society. Yogyakarta: Thafa Media

Taufiq, Muhammad. 2013. Model for Resolving Criminal Cases with Substantial Justice. Yogyakarta: Yustisia.

Uthman, Sabian. 2014. Progressive Legal Research Methodology. Yogyakarta: Student Library

Zanita, Henri. 2019. "Legal Settlement of Criminal Cases of Killing Protected Animals Based on Law No. 5 of 1990 concerning Conversion of Biological Natural Resources and Ecosystems (Study in the Legal Area of the Pelalawan District Court)". Riau Islamic University Journal.




DOI: http://dx.doi.org/10.30659/rlj.2.3.%25p

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