PERTANGGUNGJAWABAN PIDANAPELAKU JUAL BELI LANDAK SEBAGAI SATWA YANG DILINDUNGI DI KOTA SIBOLGA (STUDI PUTUSAN NO.34/PID.B/2014/PN.SBG)

Abstract

ABSTRACT

Protected wildlife is regulated in Article 21 paragraph (2) of Law No. 5 of 1990 on Natural Resources Conservation. Violations of this provision shall be criminalized. In the decision of the district court number 34 / Pid.B / 2014 / PN.Sbg, the offender was sentenced to three months and fifteen days imprisonment and a fine of Rp 500.000, -. The formulation of the problem: 1. How is the application of criminal to the hedgehog as a protected animal, in case number 34 / Pid.B / 2014 / PN.Sbg? 2. How is the judge's judgment in applying the crime to the hedgehog as a protected animal in case number 34 / Pid.B / 2014 / PN.Sbg? This research used normative juridical approach. Data sources were secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Data were collected by document studies. Data were analyzed qualitatively. Conclusion of research result: 1. the application of criminal to perpetrator of buying and selling of hedgehogs as protected animal shall be imprisoned 3 months and 15 days and criminal each of Rp. 500,000. 2. Judge's consideration in judgment, juridical consideration in the form of indictment, public prosecutor, evidences, evidence and non juridical consideration in the form of incriminating because disturbing ecosystem and can lead to extinction of porcupine animals and the lightening has never been punished, being polite in the hearing and promised not to repeat his actions.

 

Keywords: Accountability, Hedgehog, Animals, Criminal