Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Animal Residentials Protected Still Protected

Author(s): A Djoko Sumaryanto

The view that criminal sanctions are something that makes deterrent perpetrators of crimes (premium remedium) still relevant, if applied to a crime of protected wildlife trade, and it turns out that protected animal trade in Indonesia is linked to the international animal trade network. from this background, a legal research was conducted using the normative legal research method, by reviewing the statutory approach and examining cases in several district courts in Indonesia, using the Descriptive Analytical method, in order to obtain the results of the analysis that the application of the law in the form of imposing criminal sanctions on perpetrators (recidivists) according to the KSDAHE Law will be able to entrap perpetrators of protected wildlife trafficking in accordance with the decision of the Surabaya District Court and the Palangkaraya District Court's Decision, with mild sanctions it will encourage the perpetrators to commit acts of animal trafficking protected in other words, criminal sanctions in the KSDAHE Law have not been able to entrap wildlife traffickers, and must be amended immediately so that they do not become guarantees of protection for protected traffickers.

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