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Wildlife Law Enforcement in Indonesia: Why Cant We Enforce Like United States?
Febrian, Lusi Apriyani, Vera Novianti

Sriwijaya University, Indonesia


Pursuant to Article 40 Paragraph (2) of Law Number 5 of 1990 on Conservation of Natural Resources and its Ecosystem, an individual who conducted crimes against protected wildlife is sentenced to a maximum of 5 (five) years imprisonment and a maximum fine of Rp 100,000,000. In the United States, the Endangered Species Act (ESA) charges the perpetrator against wildlife with criminal and civil sanctions. In § 1540 (a) (1) determines that anyone who “take”, import, export, transport or sell endangered species can be fined not more than $ 25,000. If the species in threatened groups, the perpetrator can be subject to a penalty of not more than $ 12,000. The enforcement of criminal sanctions against perpetrators who violate ESA criminal provisions must fulfill the element of "knowing." An individual who knowingly "taking", entering or importing, issuing or exporting, transporting or selling endangered species prohibited by the ESA are subject to sanctions maximum fine not more than $ 50,000 and imprisonment for 1 year. If the action against the species under threatened group, the offender may be subject to criminal sanctions of a maximum of $ 25,000 and imprisonment for a maximum of 6 months. In addition, additional crimes were also applied in the form of revocation of federal permits, rental permits, and hunting permits, as well as confiscation of all equipment and transportation equipment related to these violations. This study analyzed the enforcement of criminal sanctions in criminal cases against protected animals in courts in Indonesia and the United States. The results of the study showed that criminal sanctions against criminals against protected animals in Indonesia have never reached maximum imprisonment or maximum fines so that they are not sufficient to provide a deterrent effect for the perpetrators and become a warning to other communities. While the imprisonment sanction for criminals against protected animals in the United States is still relatively weak. However, in terms of criminal fines and civil sanctions can be categorized as high sanctions

Keywords: protected wildlife, threatened wildlife, criminal sanctions, civil sanctions.

Topic: ASIAN Conference on Comparative Laws


Conference: The 3rd International Conference on Sustainability and Innovation (ICoSI 2019)

Plain Format | Corresponding Author (Amanda Amanda)

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