CD Skripsi

Pengaturan Pidana Tambahan Ganti Kerugian Terhadap Pelaku Kejahatan Satwa Yang Dilindungi Dalam Pembaharuan Hukum Pidana Di Indonesia

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The high rate of crimes against protected wildlife in Indonesia is deeply concerning, especially given the increasing number of species disappearing from the wild. Crimes against protected wildlife have significant ecological and economic impacts on the country. To date, legal protection has primarily focused on penalizing the perpetrators of these crimes. However, there are other urgent issues that also need to be addressed, such as the rehabilitation of victimized wildlife and other corrective measures post-crime. This process is often hindered by budget constraints and the lack of dedicated funding for its implementation.
This research employs normative legal research or doctrinal legal research. The approach used is a juridical-normative approach, which relies on legal principles, particularly those related to environmental law principles, such as the "polluter pays" principle.
Based on the research findings, a conclusion has been drawn regarding the importance of adding criminal sanctions for compensation as an additional penalty for offenders of protected wildlife crimes under Law Number 5 of 1990 concerning the Conservation of Biological Natural Resources and Their Ecosystems. This concept of additional penalties can adopt a compensation payment scheme similar to the restitution in corruption cases. Furthermore, it can refer to the case of the forest and land fire involving PT Adei Plantation and Industry, which received an additional criminal penalty in the form of restitution for the offense (regulated under Law Number 32 of 2009 concerning Environmental Protection and Management) by providing compensation amounting to IDR 15,141,826,779.325. The implementation of compensation can also be observed in various environmental crime cases in other countries. The United States and Canada are examples of countries that have adopted the compensation concept in protected wildlife crimes.
The calculation of restitution can be designed based on the cost of restoration and the market value of the protected wildlife. Payments can be submitted to the state through the local Natural Resources Conservation Agency or relevant conservation organizations responsible for restoration and conservation efforts.


Keywords: Compensation sanctions, Additional penalties, Protected wildlife crimes, Criminal law reform

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909111919

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Pidana., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909111919

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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