NOMOI Law Review
Vol 7, No 1 (2026): May Edition

CRIMINAL LIABILITY IN PROTECTED WILDLIFE SMUGGLING:" "JURIDICAL ANALYSIS OF DECISION NUMBER 106/PID.SUS/2024/PN.TJB

Maulida Agusdila Rosa Sitorus Pane (Universitas Muhammadiyah Sumatera Utara)



Article Info

Publish Date
29 May 2026

Abstract

Wildlife protection is a crucial aspect of preserving Indonesia's biodiversity, yet increasingly widespread smuggling practices pose a serious threat to protected species survival. This study analyzes criminal liability in the case of pangolin scale smuggling via KM. Fajar 99, adjudicated in Decision No. 106/Pid.Sus/2024/PN.Tjb. Using normative legal research with case, statutory, and conceptual approaches, findings indicate that the judge prioritized substantive justice, determining that the ship master (Syamsir) lacked criminal intent as he merely performed navigational duties based on official documents. Legal responsibility should instead be directed at the exporter (CV. Pribumi Bersatu) and shipping company (PT. Melda Jaya) as the principal actors, and Customs for failing to conduct mandatory boatzoeking inspections. This study recommends applying corporate criminal liability, strengthening Customs inspection mechanisms, and enhancing inter-agency coordination.

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Journal Info

Abbrev

nomoi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

NOMOI Law Review NOMOI Law Rewiew is an academic journal published by Constitutional and Anti-Corruption Studies Center, University of Muhammadiyah Sumatera Utara (UMSU), Medan, North Sumatra, Indonesia, which includes articles on the scientific research field of Law Sciences, includes the results ...