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All Journal Sriwijaya Law Review Jurnal Hukum dan Pendidikan Kewarganegaraan
Lusi Apriyani
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Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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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 ยง 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.
Pengaturan Sarana Dan Metode Perang Dalam Perspektif Hukum Humaniter Internasional: Studi Atas Konvensi Den Haag 1907 Dan Protokol Tambahan 1977 Aldo Syahputra; Lusi Apriyani; Tri Sulistyaningsih; Annisa Alif Nur Nariyah
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

War, as a historical and contemporary phenomenon, brings not only military impacts but also widespread humanitarian suffering. In this context, international humanitarian law exists to limit the methods and means of warfare while providing protection for war victims. This study examines the regulation of methods and means of warfare based on the 1907 Hague Convention and its 1977 Additional Protocol, focusing on basic principles such as distinction, proportionality, and military necessity. Furthermore, this study examines the protections afforded to civilians, combatants no longer capable of fighting, and civilian objects vital ti the survival of society. Through a normative review on international lega; intrumens, this sstufy confirms that the principle of distinction between military and civilian targets ia a central pillar of humanitarian law. The 1907 Hague Convention limits the methods of warfare, while the 1977 Additional Protocol expands protection for war victims, including prohibiting the use of starvation as a method of warfare and obligating civil defense. The research findings demonstrate that humanitarian law strives to maintain a balance between military and humanitarian interest. Therefore, this study emphasizes the importance of compliance bt states and conflicting parties with humanitarian law intruments so that the primary objective limiting human suffering in war can be effectively realized.
Co-Authors Aldo Syahputra Annisa Alif Nur Nariyah Febrian Febrian Tri Sulistyaningsih, Tri Vera Novianti