PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PERDAGANGAN SATWA YANG DILINDUNGI DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA

Authors

  • Ruben Michael Siagian Fakultas Hukum, Universitas Pamulang
  • Kaisar Arief Bani Hamzah Fakultas Hukum, Universitas Pamulang
  • David Martuani Fakultas Hukum, Universitas Pamulang

Abstract

One of the naturalresource wealth of the biodiversity that exists in Indonesia that is viewable from wildlife that exists, whether protected or not protected by the Government. But in fact there is a protected wildlife by the use by a person who is not liable to benefit himself regardless of the impact that will be brought about from his actions. The research method used is the method of normative legal research so that issues approach used namely legislation, conceptual, and case law materials and using primary, secondary, and tertiary. So the legal materials collection techniques are used namely engineering documentation by processing and analyzing legal material has been collected with the use of legal argumentation. As for the results of this research it can be concluded that the arrangements regarding sanctions for perpetrators of trafficking protected wildlife is contained in section 40 of the Act number 5 Year 1990 about conservation of natural resources, the ecosystem and Biodiversity as well as form liability imposed upon the perpetrators of proven trade protected wildlife i.e. criminal liability in accordance with provisions of laws and regulations that govern these actions.

Keywords: Wildlife trade, criminal liability

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Published

2023-03-23