Tinjauan Terhadap Tindak Pidana Turut Serta Melakukan Perbuatan Membunuh Satwa Dilindungi Dalam Keadaan Hidup

Angraini, Chindy (2022) Tinjauan Terhadap Tindak Pidana Turut Serta Melakukan Perbuatan Membunuh Satwa Dilindungi Dalam Keadaan Hidup. Other thesis, Universitas Islam Riau.

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Abstract

A criminal act of killing protected animals is a crime that tends to often occur today in Indonesia, where the perpetrators generally do it because they are motivated or motivated by meeting the needs of life which are relatively difficult. One type of protected animal that is often hunted by perpetrators and is included in the list of the International Union for Conservation of Nature (UICN) with an endangered status is the Sumatran Elephant. This study aims to determine the application of Article 40 paragraph (2) Jo Article 21 paragraph (2) letters a and b of the Republic of Indonesia Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems Jo Article 55 paragraph (1) of the Criminal Code which regulates justice for animals are protected against perpetrators participating, and law enforcement obstacles in implementing these regulations in the jurisdiction of the Rengat District Court. This research was conducted in the Indragiri Hulu Legal Territory at the Rengat District Court by conducting structured interviews and also developing questions in front of the resource persons and using existing materials as explanatory materials such as documents, literature and laws and regulations governing the killing of animals in the forest. protect. The research method that the author uses in writing this thesis uses the type of legal research with the Normative-Empirical method, namely a research method that combines elements of normative law which is then supported by additional data or empirical elements obtained from respondents. While this research is descriptive in nature, the researcher tries to provide a detailed and clear picture of the review of the crime of participating in killing protected animals alive. Based on the results of the study, it is shown that the application of Article 40 paragraph (2) in conjunction with Article 21 paragraph (2) letters a and b of the Republic of Indonesia Law Number 5 of 1990 concerning the conservation of living natural resources and their ecosystems in conjunction with Article 55 paragraph (1) of the Criminal Code on Case Studies of Case No. 303/ Pid.B/ LH/ 2020/ PN Rgt has been effectively implemented by law enforcement officers where the implementation of this Law has been running according to procedure by taking into account the elements contained in the article. An obstacle that becomes an obstacle for law enforcement officers in implementing article 40 paragraph (2) in conjunction with article 21 paragraph (2) letters a and b of the Republic of Indonesia Law Number 5 of 1990 concerning the conservation of living natural resources and their ecosystems in conjunction with article 55 paragraph (1) of the Criminal Code namely the public's dissatisfaction with the results of the case decision number 303/PID.B/LH/2020/PN.Rgt, the economy is the reason the perpetrators act to kill protected animals to meet their needs, and it is considered that there are gangs or alliances rather than hunters of protected animals.

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