Criminal Provisions For Maintenance Of Protected Animal Based On RI Law Number 5 Of 1990 Concerning Conservation Of Biological Natural Resources And Ecosystems (Study Of Decision Number 216/Pid.B/2011/PN-SBG)

Feb 27, 2025 by ADMIN 209 views

Criminal Provisions for Maintenance of Protected Animal Based on RI Law Number 5 of 1990

Introduction

The increasing demand for owning and maintaining endangered animals has led to a significant negative impact on the existence of these species in their natural habitats. The high aesthetic value and demand for these species have driven individuals to engage in activities that are often regulated by laws and regulations. However, the lack of knowledge in the community regarding the types of protected animals and the legal provisions that regulate ownership and care has led to many individuals becoming entangled in legal matters.

The Importance of Legal Protection for Protected Animals

The protection of protected animals is crucial for the sustainability of these species and the balance of the ecosystem as a whole. The lack of knowledge in the community regarding the types of protected animals and the legal provisions that regulate ownership and care has led to many individuals becoming entangled in legal matters. It is essential to increase public awareness about the importance of protecting endangered animals and their habitats to reduce the interest in having wild animals.

Provisions Regarding the Criminal Offense of Ownership and Maintenance of Protected Animals

The provisions regarding the criminal offense of ownership and maintenance of protected animals have been regulated in Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems. Article 21 of the law explains prohibited acts, while Article 40 regulates criminal sanctions for violators. For example, in the case recorded with case number 216/Pid.B/2011/PN-SBG, the defendant named Robin Hutabarat has been sentenced to prison for 3 months and 9 days, and a fine of Rp. 300,000. However, the judge's decision is considered incorrect, given the sentence imposed refers to Article 40 paragraph (2) which states that violators can be subject to a maximum imprisonment of 5 years and a maximum fine of Rp. 100,000,000.

The Challenges in Law Enforcement Against Protected Animal Protection

The inaccuracies in imposing sanctions in the case highlighted the challenges in law enforcement against protected animal protection. The discrepancy between existing legal regulations and court practices shows the need to increase understanding among law enforcement officials regarding the importance of animal protection and potential threats to ecosystems.

Community Education and Conservation Efforts

Community education is also a key element to overcome this problem. By increasing public awareness about the importance of protecting endangered animals and their habitats, it is hoped that interest to have wild animals will be reduced. In addition, conservation efforts involving collaboration between the government, non-governmental organizations, and the community must be improved so that the effectiveness of legal protection can be realized.

The Role of Empirical Research Methods in Understanding the Problem

To get deeper data, the author will also apply empirical research methods through interviews. This method will provide a more in-depth understanding of the problem and the challenges faced by law enforcement officials in enforcing the law.

The Need for a Better Understanding of Existing Regulations

Through a better understanding of existing regulations and active participation from the community, it is hoped that in the future there will be no more similar cases involving violations of the Conservation Act. Protection of protected animals is not only important for the sustainability of these species, but also for the balance of the ecosystem as a whole.

Conclusion

In conclusion, the protection of protected animals is a crucial issue that requires the attention of law enforcement officials, the community, and the government. The lack of knowledge in the community regarding the types of protected animals and the legal provisions that regulate ownership and care has led to many individuals becoming entangled in legal matters. It is essential to increase public awareness about the importance of protecting endangered animals and their habitats to reduce the interest in having wild animals. Through a better understanding of existing regulations and active participation from the community, it is hoped that in the future there will be no more similar cases involving violations of the Conservation Act.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should increase public awareness about the importance of protecting endangered animals and their habitats.
Law enforcement officials should receive training on the importance of animal protection and potential threats to ecosystems.
Conservation efforts involving collaboration between the government, non-governmental organizations, and the community must be improved so that the effectiveness of legal protection can be realized.
The community should be educated about the types of protected animals and the legal provisions that regulate ownership and care.

Limitations of the Study

This study has several limitations. Firstly, the study only focuses on the provisions regarding the criminal offense of ownership and maintenance of protected animals in Law Number 5 of 1990. Secondly, the study only uses normative legal methods and empirical research methods through interviews. Therefore, the findings of this study may not be generalizable to other contexts.

Future Research Directions

Future research should focus on the following areas:

The impact of the Conservation Act on the sustainability of protected animal species.
The effectiveness of conservation efforts involving collaboration between the government, non-governmental organizations, and the community.
The role of community education in reducing the interest in having wild animals.

By addressing these research gaps, future studies can provide a more comprehensive understanding of the issues surrounding the protection of protected animals and the effectiveness of the Conservation Act.
Frequently Asked Questions (FAQs) About Criminal Provisions for Maintenance of Protected Animal Based on RI Law Number 5 of 1990

Q: What is the main purpose of Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems?

A: The main purpose of Law Number 5 of 1990 is to regulate the conservation of biological natural resources and their ecosystems, including the protection of protected animal species.

Q: What are the prohibited acts related to protected animal species as mentioned in Article 21 of the law?

A: Article 21 of the law explains prohibited acts related to protected animal species, including:

Hunting, capturing, or killing protected animal species.
Possessing, selling, or trading protected animal species.
Transporting or exporting protected animal species.

Q: What are the criminal sanctions for violators of the law as mentioned in Article 40 of the law?

A: Article 40 of the law regulates criminal sanctions for violators, including:

Imprisonment for a maximum of 5 years.
A maximum fine of Rp. 100,000,000.

Q: What is the significance of the case recorded with case number 216/Pid.B/2011/PN-SBG?

A: The case recorded with case number 216/Pid.B/2011/PN-SBG highlights the challenges in law enforcement against protected animal protection. The discrepancy between existing legal regulations and court practices shows the need to increase understanding among law enforcement officials regarding the importance of animal protection and potential threats to ecosystems.

Q: What is the role of community education in reducing the interest in having wild animals?

A: Community education is a key element in reducing the interest in having wild animals. By increasing public awareness about the importance of protecting endangered animals and their habitats, it is hoped that interest to have wild animals will be reduced.

Q: What are the recommendations for improving the effectiveness of legal protection for protected animal species?

A: The following recommendations are made:

The government should increase public awareness about the importance of protecting endangered animals and their habitats.
Law enforcement officials should receive training on the importance of animal protection and potential threats to ecosystems.
Conservation efforts involving collaboration between the government, non-governmental organizations, and the community must be improved so that the effectiveness of legal protection can be realized.
The community should be educated about the types of protected animals and the legal provisions that regulate ownership and care.

Q: What are the limitations of this study?

A: This study has several limitations. Firstly, the study only focuses on the provisions regarding the criminal offense of ownership and maintenance of protected animals in Law Number 5 of 1990. Secondly, the study only uses normative legal methods and empirical research methods through interviews. Therefore, the findings of this study may not be generalizable to other contexts.

Q: What are the future research directions?

A: Future research should focus on the following areas:

The impact of the Conservation Act on the sustainability of protected animal species.
The effectiveness of conservation efforts involving collaboration between the government, non-governmental organizations, and the community.
The role of community education in reducing the interest in having wild animals.