CD Skripsi
Reformulasi Ketentuan Pasal 40 Ayat 2 Undang-Undang Nomor 5 Tahun 1990 Tentang Konservasi Sumber Daya Alam Hayati Dan Ekosistemnya Terhadap Pelaku Eksploitasi Hewan Dalam Perspektif Hukum Pidana Indonesia
ABSTRACT
Exploitation of animals in recent times often occur in the territory of Indonesia both from the use to the destruction of these animals. In this case explained in Article 33 Paragraph (3) of the 1945 Constitution, which explains that "the earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." But one problem that arises is that if we look at current reality, that the application of sanctions or penalties against the perpetrators of animal exploitation is not running properly, so it does not provide a deterrent effect on the perpetrators. The use of legal remedies, including criminal law as an effort to overcome social problems, including in the field of law enforcement policies. Sanctions are given by the legal system with the intention to cause certain actions deemed desired by the makers of the Act.
The type of research / approach used by the author is normative legal research, namely library law, because it makes library material as the main focus. In this normative legal research the writer conducts a research on legal systematics conducted by examining the basic understanding of the legal system contained in legislation. Where the author is guided by the provisions in force.
In this study the authors use the theory of criminal purpose and criminal law policy theory related to the problem of reformulation of animal exploiters in Article 40 Paragraph 2 of Law Number 5 of 1990 concerning Conservation of Biological Resources and Their Ecosystems in the perspective of Indonesian criminal law. In this case, the reformulation of animal exploiters in Article 40 Paragraph 2 of Law Number 5 of 1990 concerning Conservation of Biological Resources and Their Ecosystems in the perspective of Indonesian criminal law needs to be made clear or firmly on the regulation or the idea of a prison sentence. a maximum of 20 (twenty) years and a maximum fine of Rp. 10,000,000,000.00 (ten billion rupiah), to be able to provide a deterrent effect on the perpetrators of animal exploitation so that the protected population of animals in Indonesia is still guaranteed.
From this research, it can be concluded that in terms of implementation related to reformulation in animal exploitation, we need to understand or know about Law Number 5 of 1990 regulating the Conservation of Living Natural Resources and Ecosystems, the utilization of which is carried out wisely to ensure the continuity of its supplies while maintaining and increasing the quality of diversity and its value. Besides that, in terms of the idea of animal exploiters, the need for renewal of criminal law certainly cannot be released with the values of life and culture of a nation. The community is expected to pay more attention to or preserve animals in Indonesia so that their sustainability is guaranteed so that they are not extinct.
Keywords: Reformulation, Animal Exploiters
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