OPTIMALISASI PERAN PPNS BEA DAN CUKAI DALAM PENANGANAN PERKARA KEPABEANAN PERDAGANGAN SATWA DILINDUNGI

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Rizki Zakariya
Keyword(s):  
Law Enforcement ◽  
Research Study ◽  
Civil Servant ◽  
Wildlife Trade ◽  
Comparative Approach ◽  
Strength Of Evidence ◽  
Illegal Wildlife Trade ◽  
Electronic Evidence ◽  
Directorate General

 ABSTRACT: The rise of illegal wildlife trade threatens Indonesia's biodiversity. This was compounded by the development of an increasingly organized and transnational mode of perpetrators of crime. Therefore, it is necessary to carry out optimal and up-to-date law enforcement efforts for illegal wildlife traffickers, particularly by the Civil Servant Investigator at the Directorate General of Customs and Excise. The results of this study indicate the urgency of optimizing the role of customs and excise PPNS in handling customs cases of trade in protected animals because of the increase in protected wild animals that are threatened with extinction; weak strength of evidence of illegal wildlife trade cases at the trial; and the development of an illegal wildlife trade crime mode. Then the optimization efforts can be made by pursuing assets of perpetrators of crime, the use of electronic evidence, and strengthening the cooperation of national and multi-national institutions. So hopefully with these efforts, the purpose of this writing, namely the handling of protected wildlife trade cases run optimally by PPNS Directorate General of Customs and Excise. This research is a qualitative normative juridical research study using a statute approach, a case approach, and a comparative approach.Keywords: Biodiversity, Trade, Animals, Protected. ABSTRAK: Maraknya perdagangan satwa liar ilegal mengancam keanekaragaman hayati Indonesia. Hal itu ditambah dengan berkembangnya modus pelaku kejahatan yang semakin terorganisir dan transnasional. Oleh karena itu, perlu dilakukan upaya penegakan hukum secara optimal dan mutakhir kepada para pelaku perdagangan satwa liar illegal, khususnya oleh Penyidik Pegawai Negeri Sipil Direktorat Jenderal Bea dan Cukai. Hasil penelitian ini menunjukan urgensi optimalisasi peran PPNS Bea dan Cukai dalam penanganan perkara kepabeanan perdagangan satwa dilindungi karena meningkatnya satwa liar dilindungi yang terancam punah; lemahnya kekuatan pembuktian perkara perdagangan satwa liar illegal di persidangan; dan berkembangnya modus kejahatan perdagangan satwa liar ilegal. Kemudian upaya optimalisasi tersebut dapat dilakukan dengan pengejaran aset pelaku kejahatan, pemanfaatan bukti elektronik, dan penguatan kerjasama lembaga nasional maupun multi nasioanl. Sehingga diharapkan dengan upaya tersebut, maka tujuan penulisan ini, yakni penanganan perkara perdagangan satwa liar dilindungi berjalan optimal oleh PPNS Bea dan Cukai. Penelitian ini merupakan penelitian hukum yuridis normatif kualitatif dengan menggunakan pendekatan undang-undang (statute approach), pendekatan kasus (case approach), dan pendekatan komparatif (comparative approach).Kata Kunci: Keanekaragaman Hayati, Perdagangan, Satwa, Dilindungi.  

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals Trend, Challenges and Opportunities of Illegal Wildlife Trafficking and Trade Activities within and through Ethiopia

2021 ◽  
Vol 44 (1) ◽  
pp. 47-61
Author(s):  
Mekbeb Tessema ◽  
Kumara Wakjira ◽  
Daniel Paulos ◽  
Wubua Mekonnen ◽  
Arega Mekonnen ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Relative Weight ◽  
Relative Number ◽  
Wildlife Trade ◽  
Illegal Wildlife Trade ◽  
Key Species ◽  
Challenges And Opportunities ◽  
Wildlife Trafficking ◽  
National Trends ◽  
Polynomial Regressions

Having improved knowledge on global, regional and/or national trends in illegal wildlife trade is required to develop effective combating strategies. In this paper, nine years (2011–2019) data on illegal wildlife trade and trafficking (iwt) seizure records were used to explore trends in iwt activities in Ethiopia and to identify countries involved most in the iwt. Trends of iwt activities were assessed in two indicators: as relative transaction index (ti), and as relative weight index (for ivory [wi]) or as relative number of items for ivory and other wildlife products [ni]. To account for potential yearly variations in seizure rates, proxy variables to law enforcement efforts and effectiveness were used and predictive models that produced bias-adjusted estimates of relative trends in iwt activities were built. To explore the underlying reasons for the trend observed, relevant national officers were also interviewed to assess how well has been wildlife law enforcement working in combatting iwt in the country. Linear or polynomial regressions, where appropriate, were fitted to the seizure data to establish trends in transaction index over the nine years. A total of 842 incidences of iwt seizure instance reports, involving 18 animal species, were recorded in the country during the nine years period. However, the highest seizure (94%) rate was ivory and ivory products. Our results generally showed declining trends in both ti and wi or ni. The observed trend was also supported by the experts’ opinions and likely reflects the positive impacts of the country’s implementation of its wildlife laws. Other interesting findings of this study were that China represented the single most important destination country and Chinese nationalities were the most traffickers. In conclusion, the results provide detailed evidence to inform national and international decision making on key species implicated in the illegal trade. Similar periodic assessment of the situation of iwt within the country is needed to evaluate effectiveness of the country’s past and present measures and to revise its future combatting policies and strategies.

scholarly journals Kebijakan Pemerintah Dalam Perlindungan Hak Kekayaan Intelektual (HAKI) Di Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 27-33
Author(s):  
Laksminarti Laksminarti
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Descriptive Analysis ◽  
Intellectual Property Right ◽  
Related Aspect ◽  
Directorate General ◽  
Technological Developments

This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI). The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).

The Integration of Conservation and Security

2021 ◽  
Author(s):  
Rosaleen Duffy ◽  
Francis Massé
Keyword(s):  
Law Enforcement ◽  
Political Ecology ◽  
Organized Crime ◽  
Conservation Policy ◽  
Wildlife Trade ◽  
Armed Groups ◽  
Security Threat ◽  
Global Security ◽  
Illegal Wildlife Trade ◽  
Conservation Authorities

This chapter examines the intersections among violence, security, and the environment. It uses a political ecology lens to analyze the violences that arise from “enforcement-first” approaches in tackling the illegal wildlife trade (IWT) as one aspect of conservation. Growing concern about IWT as a threat to biodiversity and security has led to calls for an urgent response. This has encouraged and facilitated the development of responses that are anchored in law enforcement and militarization. This is in part due to the redefining of IWT as a global security threat because it is deemed as a source of funding for armed groups and involves organized crime networks. The intense focus on the need to tackle IWT has led to shifts in conservation policy, such that anti-poaching operations are often accompanied by considerable levels of violence by conservation authorities.

scholarly journals Community-Based Approaches to Tackling Illegal Wildlife Trade—What Works and How Is It Measured?

2021 ◽  
Vol 2 ◽  
Author(s):  
Olivia Wilson-Holt ◽  
Dilys Roe
Keyword(s):  
Law Enforcement ◽  
Learning Activities ◽  
Wildlife Trade ◽  
Community Based ◽  
Illegal Wildlife Trade ◽  
Learning Platform ◽  
What Works ◽  
Global Issue ◽  
Source Countries

The illegal wildlife trade (IWT) is a global issue that threatens the conservation of many species of fauna and flora and affects the livelihoods of people who are dependent upon wildlife. By far the most common approach to tackling IWT is to enhance law enforcement, including arming rangers and tougher penalties for perpetrators. Yet, critics of this approach argue that efforts to reduce IWT in source countries are likely to fail without the involvement of local people. However, little is known about the effectiveness of community-based approaches to tackling IWT or how this is being measured. We used information from the www.peoplenotpoaching.org learning platform to analyze over 100 case studies of community-based anti-IWT interventions to understand what proportion have been effective and how this has been measured. We present a typology of frequently reported outcomes, their indicators and means of verification. We show that effectiveness in community-based anti-IWT interventions is measured by a number of indicators and using a variety of verification means. Our findings suggest that conservation practitioners more frequently implement activities to measure conservation outcomes in comparison to livelihood outcomes, which has implications for how we consider if a community-based anti-IWT project has been effective. We recommend that future community-based anti-IWT projects build in more robust monitoring, evaluation and learning activities to measure how livelihood benefits impact local communities given their support is crucial to achieving long-term conservation success.

Experiences of the Hungarian customs authority in international illegal wildlife trafficking

2021 ◽  
pp. 54-60
Keyword(s):  
Law Enforcement ◽  
Plant Species ◽  
Effective Action ◽  
Law Enforcement Officers ◽  
Wildlife Trade ◽  
Wildlife Trafficking ◽  
National Tax ◽  
Customs Administration ◽  
Protected Animal

In this paper, we examine how Hungarian customs officers perceive the role of Hungarian customs authority and its effectiveness in international illegal wildlife trafficking. We aim to identify the characteristics of international illegal wildlife trade, which also affects Hungary, and to evaluate the experience of customs officers. Most of these custom officers encounter such crimes of international nature. By assessing and publishing their experience one can take more effective action in the future. This approach allows to identify the methods of offense, the reasons of offense, and the difficulties faced by the custom authorities. To explore this, we conducted a questionnaire survey of 27 questions addressed to many members of the target group. The survey contained closed questions and, to a lesser extent, open-ended questions, allowing to learn both their objective experience and subjective opinions. Prior to the survey, we mapped out which units of the National Tax and Customs Administration would encounter most often international illegal wildlife trafficking, and then compiled the relevant issues that may allow effective action against this kind of incident. By devising the questionnaire, our aim was to assess how frequent illegal wildlife trafficking in Hungary is, what routes and hiding methods are typical, which species are affected, and what measures are needed to increase efficiency of combating trafficking. The questionnaire was completed by 202 experts. Results show that in course of their work most respondents (64%) have met International Wildlife Trafficking monthly. According to their experience, attempts are being made to smuggle various endangered animal and plant species into the country, mainly at the Liszt Ferenc International Airport in Budapest. According to respondents, in most cases, international networks may be behind the smuggling activity. Respondents believe that the effectiveness of combating wildlife trafficking can be improved by more frequent and thorough inspections, higher priority given to such cases, increased penalties, and special training of customs officers. Based on received answers, the paper highlights the phenomena and problems that generally occur globally in the inter-regional trade of illegal wildlife. These can be addressed by effective action of law enforcement officers and customs authorities. The fight against illegal trade in protected animal and plant species is considered high priority, as it causes loss of biodiversity and damage of the ecological balance, and it jeopardizes our sustainable future.

scholarly journals The Illegal Wildlife Trade: Through The Eyes of a One-Year-Old Pangolin (Manis javanica)

2020 ◽  
Vol 9 (2) ◽  
Author(s):  
Lelia Bridgeland-Stephens
Keyword(s):  
Law Enforcement ◽  
Wildlife Trade ◽  
Body Parts ◽  
Subjective Experiences ◽  
Source Areas ◽  
Illegal Wildlife Trade ◽  
Fictional Narrative ◽  
Manis Javanica ◽  
Human Animal ◽  
One Year

This paper explores the literature on the illegal wildlife trade (IWT) by following the journey of a single imagined Sunda pangolin (Manis javanica) through the entire trading process. Literature on IWT frequently refers to non-human animals in terms of collectives, species, or body parts, for example ‘tons of pangolin scales’, rather than as subjective individuals. In contrast, this paper centralizes the experiences of an individual pangolin by using a cross- disciplinary methodology, combining fact with a fictional narrative of subjective pangolin experience, in an empathetic and egomorphic process. The paper draws together known legislation, trade practices, and pangolin biology, structured around the journey of an imagined pangolin. At each stage of IWT, from poaching to consumption, the relationships between various actors are contextualized, helping to untangle the complex networks and relationships (both human-human and human-animal) involved in IWT. Concluding recommendations are made about ways to address IWT, including supporting locals in source areas, educating consumers, and improving law enforcement. It is hoped that this methodology will be applied to further studies of human and non-human animal interactions in this area of research, in order to individualize non-human animals and recognize their subjective experiences.

scholarly journals Darknet Usage in the Illegal Wildlife Trade

2019 ◽  
Author(s):  
Joss Wright
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Ongoing Study ◽  
Wildlife Trade ◽  
Illegal Drugs ◽  
Online Services ◽  
Illegal Wildlife Trade ◽  
Special Software

The darknet is a network of websites that can be accessed only via special software that hides the details of the user’s connection, and also allows websites to be hosted without revealing their location or operator. Today, large-scale darknet marketplaces exist for illegal drugs, firearms, hacking tools, stolen identity documents, and a wide variety of other illicit goods. The darknet has not, to date, proven to be a particularly attractive platform for the buying and selling of illegal wildlife products. Despite this, the darknet provides a 'marketplace of last resort' that becomes increasingly attractive over other, more accessible, online services as law enforcement and platform operators enforce policies against trading in illegal wildlife products. This makes the ongoing study of darknet markets an important avenue for research as other policies against online illegal wildlife trading emerge.

scholarly journals Analysis of Electronic Evidence as an Evidence Tools in Criminal Case Post Decision of Constitutional Court Number: 20/PUU-XVI/ 2016

2019 ◽  
Vol 6 (2) ◽  
pp. 770
Author(s):  
Manshur Manshur ◽  
Rodliyah Rodliyah ◽  
Amiruddin Amiruddin
Keyword(s):  
Law Enforcement ◽  
Criminal Case ◽  
Constitutional Court ◽  
Electronic Information ◽  
Strength Of Evidence ◽  
Electronic Evidence ◽  
Procedure Code ◽  
Electronic Transactions ◽  
Law Enforcement Officials ◽  
Valid Evidence

The position of electronic evidence after the enactment of the Electronic Information and Transaction Law, in cases of criminal acts of Information and Electronic Transactions it is as separate evidence, namely electronic evidence which is an extension of the types of valid evidence stipulated in the Criminal Procedure Code while in cases outside criminal acts of Information and Electronic Transactions, electronic evidence is only located as evidence. The strength of evidence from electronic evidence obtained is not in the context of law enforcement and not at the request of law enforcement officials after the decision of the Constitutional Court Number 20/PUU-XIV/2016 is not having the power of proof both as evidence and evidence except electronic evidence that is public.

scholarly journals To What Extent Is Social Marketing Used in Demand Reduction Campaigns for Illegal Wildlife Products? Insights From Elephant Ivory and Rhino Horn

2018 ◽  
Vol 25 (1) ◽  
pp. 40-54 ◽  
Author(s):  
Steven Greenfield ◽  
Diogo Veríssimo
Keyword(s):  
Law Enforcement ◽  
Social Marketing ◽  
Best Practice ◽  
Good Governance ◽  
Wildlife Trade ◽  
Illegal Wildlife Trade ◽  
High Profile ◽  
Demand Reduction ◽  
Elephant Ivory ◽  
Global Threat

The illegal wildlife trade is a global threat to biodiversity as well as to public health and good governance. As legislation and law enforcement have been insufficient to protect many wildlife species, conservationists are increasingly focused on campaigns to help reduce demand for wildlife products. Social marketing is increasingly being used to support biodiversity conservation efforts, but the extent of its use has seldom been researched. Based on interviews with conservation practitioners, we assess the extent to which social marketing has been used in demand reduction campaign design. We do this by investigating the level to which demand reduction campaigns met the benchmarks defined by the UK’s National Social Marketing Centre. We focus on rhino horn and elephant ivory, two high-profile products in the illegal wildlife trade and in China and Vietnam given their role as key consumer countries. We also investigate how conservation practitioners view the opportunities and challenges of using social marketing in the context of reducing demand for illegally traded wildlife products. Our findings highlight that there are substantial gaps between best practice in social marketing and current practices in the design of demand reduction campaigns. However, several elements of social marketing are widely utilized and a platform exists from which to build more comprehensive behavioral influence campaigns in future. In terms of future needs, practitioners highlighted the need for independent consumer research upon which to build target audience insights, a focus on broader audience segments beyond the product consumers, and the improvement of collaborations across institutions.

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