scholarly journals UPAYA PERLINDUNGAN SATWA LIAR INDONESIA MELALUI INSTRUMEN HUKUM DAN PERUNDANG-UNDANGAN

2021 ◽  
Vol 2 (2) ◽  
pp. 29-48
Author(s):  
Fathi Hanif
Keyword(s):  
International Trade ◽  
Law Enforcement ◽  
Endangered Species ◽  
International Law ◽  
Deterrent Effect ◽  
Criminal Cases ◽  
Wildlife Protection ◽  
Critically Endangered Species ◽  
Wild Fauna ◽  
Resources Conservation

Abstrak Saat ini perlindungan jenis satwa atau hidupan liar diatur dalam instrumen hukum internasional seperti Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) tahun 1973. Undang-undang No.5 tahun 1990 tentang Konservasi Sumberdaya Alam Hayati dan Ekosistemnya danperaturan pelaksanaan lainnya mengatur perlindungan jenis satwa atau hidupan liar di Indonesia. Hingga saat ini masih banyak kasus kejahatan yang berkaitan dengan perburuan dan perdagangan satwa atau hidupan liar yang dilindungi, seperti kasus penyelundupan kakatua jambul kuning di Surabaya pada medio Maret 2015. Implementasi perundang-undangan bidang ini belum efektif dari sisi perlindungan satwa di habitatnya maupun menjerat maksimal pelaku kejahatan. Tulisan ini menyimpulkan bahwa instrumen hukum nasional yang melindungi satwa dan tumbuhan liar belum memiliki kelengkapan ketentuan yang mengacu pada CITES sepenuhnya, dan ancaman sanksi yang ada juga tidak menimbulkan efek jera pelaku kejahatan. Dibutuhkan revisi perundang-undangan dibidang konservasi, perlindungan satwa atau hidupan liar yang sejalan dengan perkembangan instrumen hukum internasional. Abstract The protection of wildlife stated in the international law instruments such as Convention on International Trade in as Critically Endangered Species of Wild Fauna and Flora (CITES) in 1973. Law No. 5 of1990 regardingNatural Resources Conservation and ItsEcosystems and related goverment regulations governprotection of wildlife in Indonesia. Recently, there are still many criminal cases related to poaching and trade of wildlife or protected animals, such as yellow-crested cockatoo smuggling cases in Surabaya on March 2015. Implementation of regulation and the law enforcement concerning wildlife is not effective to protect animals in their habitat. The legal instrument in the national leveltoprotect wildlife isnot complete and comprehensive yet,especially compared with the norms ofCITES and its regulations;andthe punishment did not make the deterrent effect to the perpetrators. There is aneed to push the goverment to make a revision the regulation regarding conservation and wildlife protection that are in line with the international law instruments.

International law and criminalizing illegal trade in endangered species (from the Far Eastern perspective)

2019 ◽  
Vol 22 (2) ◽  
pp. 207-227
Author(s):  
Alexandre Chitov
Keyword(s):  
International Trade ◽  
Endangered Species ◽  
International Law ◽  
Illegal Trade ◽  
Administrative Control ◽  
Wild Fauna ◽  
Effective Level ◽  
International Obligations ◽  
Successful Fulfillment ◽  
Far Eastern

The article examines international law in relation to international trade in endangered species. It analyzes the major international agreement in this area: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) in the context of Thailand and China. The article argues that CITES does not sufficiently address the need of those countries to criminalize illegal trade in endangered animals and plants across borders. CITES requires an increased administrative control over the trade which many developing countries are unable to carry out in order to achieve an effective level of protection for the endangered species. Under the influence of CITES, the crime of illegal trade is defined in Thailand and China narrowly as trade in violation of administrative controls. The main argument of this article is, first, that the countries, such as Thailand and China, must adopt a broader concept of the crime of illegal trade in endangered species. Second, there is a need to adopt this concept on an international level in order to facilitate a successful fulfillment of the countries’ international obligations.

scholarly journals Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States

2021 ◽  
Vol 5 (1) ◽  
pp. 143
Author(s):  
Febrian Febrian ◽  
Lusi Apriyani ◽  
Vera Novianti
Keyword(s):  
United States ◽  
Endangered Species ◽  
Best Practices ◽  
Endangered Species Act ◽  
The United States ◽  
Deterrent Effect ◽  
Criminal Cases ◽  
Legal Research ◽  
Wildlife Protection ◽  
Criminal Sanctions

In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.

INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

2022 ◽  
Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rule Of Law ◽  
Justice System ◽  
International Experience ◽  
International Treaties ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Legal Enforcement

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

CITES-listed Wildlife Trade of the Czech Republic

2021 ◽  
Vol 13 (2) ◽  
pp. 2-8
Author(s):  
Nikola Sagapova ◽  
Radim Dusek
Keyword(s):  
International Trade ◽  
Czech Republic ◽  
Endangered Species ◽  
Plant Species ◽  
Wildlife Trade ◽  
Endangered Plants ◽  
The Czech Republic ◽  
Wildlife Species ◽  
Wild Fauna ◽  
Increasing Trend

Wildlife trade involves many animal and plant species and their products. CITES (Convention on International Trafe in Endangered Species of Wild Fauna and Flora) aims on protecting endangered plants and animals from being overharvested for the purposes of international trade through system of regulations, permits and monitoring. CITES Trade Database is a tool dedicated for the evidence of international trade of endangered wildlife species. We used records from the CITES Trade Database to conduct the analysis of the legal wildlife trade in the Czech Republic in the period 2008-2018. A total amount of 12,615 shipment records were extracted from CITES Trade Database. Amongst most imported taxons belong mammals (mostly genuses Ursus and Panthera) and reptiles (primarily genuses Varanus and Triocerus), while most exported taxons are birds (prevailing genuses Platycercus, Polytelis and Falco) and mammals (especially genus Lemur). While the export records showed an increasing trend, the imports were culminating around the average level of 642.3 records per year and lowest amount in the last year of the period. We emphasise smuggling of snowdrops and tigers and their products, which were reported to be seized, but with lack of records in legal trade.

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