PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA MEMPERNIAGAKAN KOMODO SEBAGAI HEWAN YANG DILINDUNGI (Studi Perkara Nomor 1405/PID.B/LH/2019/PN SBY)

Abstract

ABSTRACT

The Komodo dragon is one of the protected animals in Indonesia. In the crime of commercializing the Komodo dragon as a protected animal it is regulated in Article 21 Paragraph (2) letters a and b of Law Number 5 of 1990. The defendant is proven guilty of committing a criminal act Komodo dragons, provided that the criminal provisions provided for in Article 40 paragraph (2) are sentenced to a maximum imprisonment of 5 (five) years and a maximum fine of Rp. 100,000,000.00 (one hundred million rupiah). The Komodo dragon case was tried in Surabaya District Court. The problems are: 1) How is the application of the crime against the perpetrators of the crime of commercializing Komodo dragons as protected animals in case Number 1405 / Pid.B / LH / 2019 / PN.Sby? 2) How is the judge's consideration in imposing a criminal action against a criminal offense as a Komodo dragon as a protected animal in case Number 1405 / Pid.B / LH / 2019 / PN.Sby? This study uses a normative juridical approach, using data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through the study of documents and analyzed qualitatively. Conclusion of the results of the study: 1) the sentence imposed by the judge is still below the maximum criminal sentence. Then, the judge's decision is not the same as the demands of the Public Prosecutor. 2) In convicting a criminal, the judge refers to juridical considerations namely, the indictment of the Public Prosecutor, the defendant's statement, witness testimony, evidence and non-juridical considerations namely, matters which incriminate and alleviate

Keywords: Criminal, Komodo, Animal, Protected