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All Journal Sriwijaya Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Febrian Febrian
Sriwijaya University, Indonesia
Religion Humanities Decision Sciences, Operations Research & Management Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States Febrian Febrian; Lusi Apriyani; Vera Novianti
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.881.pp143-162

Abstract

In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.
The Urgency of Revitalizing the Organization of the Directorate General of Taxes (DJP) into a State Revenue Agency (BPN) from a Constitutional Law Perspective Fatmawati Fatmawati; Febrian Febrian; Ridwan Ridwan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 3 (2026)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i3.5164

Abstract

The institutional position of the Directorate General of Taxes (DJP) under the Ministry of Finance has raised concerns regarding its organizational autonomy in managing taxation policies, human resources, budgeting, and information technology. This study aims to analyze the constitutional urgency of revitalizing the DJP into an independent State Revenue Agency (Badan Penerimaan Negara/BPN) that is directly accountable to the President. The research employed a normative juridical approach using a descriptive-analytical method by examining constitutional provisions, statutory regulations, legal doctrines, and relevant literature related to taxation governance and institutional reform. The analysis indicates that the current institutional arrangement limits the DJP's operational independence and may reduce the effectiveness of tax administration. Comparative experiences from several countries also demonstrate that autonomous revenue authorities tend to achieve greater efficiency, accountability, and tax collection performance. From the perspective of Indonesian constitutional law, the establishment of an independent State Revenue Agency does not conflict with the 1945 Constitution, provided that it is established through an appropriate legal framework and remains subject to constitutional principles, checks and balances, and public accountability. Therefore, revitalizing the DJP into a State Revenue Agency constitutes a strategic institutional reform to strengthen tax administration, improve state revenue performance, and promote good governance in Indonesia.
Rethinking Indonesian Legislation on Wildlife Protection: A Comparison between Indonesia and the United States Febrian Febrian; Lusi Apriyani; Vera Novianti
Sriwijaya Law Review Volume 5 Issue 1, January 2021
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol5.Iss1.881.pp143-162

Abstract

In Indonesia, a crime against wildlife is still not well controlled. Several reasons are the fact that certain wildlife is still considered a threat by the community and the lack of implemented criminal sanctions. This paper compares the application of sanctions to perpetrators of wildlife crimes between Indonesia and America. Based on the Indonesian Law, Article 40(2) of the Law on Conservation of Living Natural Resources and their Ecosystems, a person who commits a crime against individual wild animals can be imprisoned for a maximum of five years and a maximum fine of one hundred million rupiahs. Meanwhile, the United States Law, the Endangered Species Act (ESA), charges wildlife criminals with criminal and civil penalties. In § 1540(a)(1) it provides that anyone who takes, imports, exports, transports or sells endangered species can be fined not more than $ 25,000. If the species is threatened in the group, the offender can be subject to a sentence of not more than $ 12,000. Also, additional criminal sanctions were imposed to revoke federal licenses, lease permits and hunting permits. This study aims to analyse criminal sanctions' enforcement in criminal cases against protected animals in courts in Indonesia and the United States to find best practices using normative legal research methods. The results show that the criminal sanctions against wildlife crimes in Indonesia have never reached the maximum sentence so that it is not sufficient to provide a deterrent effect for the perpetrators. Unlike in America, the imprisonment sanction for criminal sanctions for protected animals is still relatively weak, but fines and civil sanctions can be maximally applied.
Co-Authors Fatmawati Fatmawati Lusi Apriyani Ridwan Ridwan Vera Novianti