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LEGAL REVIEW OF THE CRIMINAL CASE OF IDENTITY FALSEMENT IN PASSPORT ISSUANCE ( Study Case Decision Palangkaraya District Court Number 402/ Pid.Sus /2020/PN Plk ) Krisna Wati; Aristoteles; Evi; Claudia Yuni Pramita
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

Study This study accountability criminal to perpetrator main and related parties​​ participate as well as in action criminal forgery identity For get Document Journey Republic of Indonesia. The research also examines the role and authority of Immigration PPNS in enforcement law to action criminal immigration of a legal nature inclusion . Research use method juridical normative with approach legislation and studies case to Decision Number 402/ Pid.Sus /2020/PN Plk . Research results show that perpetrator main sentenced criminal based on Article 126 letter c of the Law Number 6 of 2011 concerning Immigration , but other parties are also involved in case This No ensnared criminal Because No made into subject law in investigation , although fact trial show existence parties involved​ and related assistance​​ direct with actions criminal . This is cause problem implementation principle accountability criminal liability and inclusion ( deelneming ) which are not optimal in law immigration . Research This confirm importance implementation principle justice substantive with ensnare all over parties involved​ as well as in action criminal , as well as strengthen the role of Immigration PPNS so that it can uphold law in a way comprehensive and proportional .
CRIMINAL LIABILITY ANALYSIS FOR ILLEGAL TRADE IN PROTECTED WILDLIFE (KASONGAN PN DECISION NUMBER 48/PID.B/LH/2019/PN KSN) Ifa Lorenza; Aristoteles; Hilyatul Asfia; Kiki Kristanto
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 3 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19080563

Abstract

The illegal trade in protected wildlife constitutes a form of environmental crime that poses serious threats to biodiversity conservation and ecosystem balance. Indonesia, as a country with one of the highest levels of biodiversity in the world, faces significant challenges in enforcing the law against persistent wildlife trafficking practices. This study aims to analyze the legal framework and the application of criminal liability for perpetrators of illegal trade in protected wildlife, as reflected in the Decision of the Kasongan District Court Number 48/Pid.B/LH/2019/PN Ksn. The research employs a normative legal method using a statutory approach and a case approach. The findings indicate that the regulation of protected wildlife trade in Indonesia has been comprehensively established through Law Number 5 of 1990, reinforced by Law Number 32 of 2024, with Government Regulation Number 7 of 1999 serving as its implementing regulation. The analysis further shows that criminal liability is imposed on the offender on an individual basis, based on the fulfillment of criminal elements in the form of intentional trading of protected wildlife without the required authorization. However, the sentence imposed in the case is relatively lenient when compared to the maximum penalties specified by law. This situation reflects a gap between normative legal provisions and sentencing practices, which may undermine the effectiveness of law enforcement and the achievement of sustainable wildlife protection objectives.