Law Enforcement Analysis of the Crime of Illegally Transporting Protected Animals Alive (Decision Study No. 617/Pid.B/LH/2022/PN Smg)

Abstract

Indonesia is a country that is rich in natural resources, both biological and animal, Indonesia's natural resources are not only known for being rich, but have their own characteristics in each region or what we usually call Endemic. Indonesia is a country that has abundant natural resources. Indonesia is known as a country that has various kinds of biological natural resources, especially animal (animal) natural resources. Even though it is rich, Indonesia is also known as a country that has a long list of endangered wildlife. Currently, large-scale exploitation of biological natural resources, especially wild animals, has become the main livelihood for several groups of people. This is very worrying considering that the use of wild animals is carried out almost every day without paying attention to the balance of the ecosystem. Animal trafficking or animal exploitation is a serious problem for the survival of wild animals, especially animals that have been included in the list of endangered animals. The approach used in this research is a sociological juridical approach which identifies and conceptualizes law as a real and functional social institution in a real life system. In the sociological juridical approach, law as law in action, is defined as an empirical social phenomenon. Law enforcement of the illegal trade in endangered or protected animals is also influenced by several influencing factors, namely legal factors, law enforcement factors, facility factors, community factors and cultural factors. These factors are a major obstacle in the implementation of law enforcement against criminal acts of illegal trade in protected bird species. In implementing the law against the trade in protected animals, law enforcement officers encounter several problems or obstacles in carrying out the process of enforcing the law against the trade in wild animals, including technological issues, territorial barriers, the lack of facilities and infrastructure owned by law enforcement officers, a lack of public understanding about trade in protected animals and frequent leaks of information;