Kanun: Jurnal Ilmu Hukum
Vol. 25, No. 1, April 2023: Legal Developments in National and Global Context

INITIATIVE OF CANING PUNISHMENT FOR PERPETRATORS OF WILDLIFE KILLING IN ACEH PROVINCE, INDONESIA

Muhammad Yusuf (Faculty of Sharia and Law, Universitas Islam Negery Ar-Raniry)
Muhammad Habibi MZ (Faculty of Sharia and Law, Universitas Islam Negery Ar-Raniry)
Dedy Sumardi (Faculty of Sharia and Law, Universitas Islam Negery Ar-Raniry)



Article Info

Publish Date
01 Apr 2023

Abstract

The initiative to include 'uqubat ta'zir whips as a punishment for those who commit animal killing, as stated in Qanun Aceh Number 11 of 2019 concerning Wildlife Management, has been rejected due to its reference to Law Number 5 of 1990 concerning Natural Resources Conservation. This initiative holds significance in terms of the conceptual understanding and application of caning as a criminal sanction in Indonesia. Through doctrinal methods, this study has determined that caning for perpetrators of animal killing falls under 'uqubat ta'zir, where the form, type, and severity of punishment are determined by the ruler based on philosophical, juridical, and sociological considerations. The implementation of caning for those who commit animal killing is deemed appropriate, as the regulations in Indonesia are founded upon values deeply rooted in the community. Therefore, it is fitting to carry out this punishment, similar to other offenses regulated in the Aceh Qanun Jinayat.

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...