PENEGAKAN HUKUM PIDANA TERHADAP KEJAHATAN SATWA LIAR YANG DILINDUNGI BERBASIS DARING DI INDONESIA

Abstrak

v>The crime of protected wildlife is the cause of the reduction in natural wealth, namelyIndonesian unique animals, technological advances which are considered to have a positivecontribution to the country’s economy, in fact also provide an opening for the trade of illegalprotected animals online or online. With the title Enforcement of criminal law against online-based protected wildlife crimes in Indonesia and the formulation of the problem, namely: (1)What are the characteristics of online-based protected wildlife crime networks in Indonesia?(2) How is law enforcement against perpetrators of crimes against protected wildlife basedonline in Indonesia? (3) How is the law enforcement against perpetrators of crimes ofprotected wildlife based online in Indonesia expected in the future?. By using normativedescriptive research, the results obtained are: (1) The characteristics of the online-basedprotected wildlife crime network in Indonesia are divided into 2, namely Recent TradeConditions and Trade Volume. The ease of transacting through e-commerce makes the modusoperandi increasingly diverse, ranging from masking keywords, private messages, paymentmethods using “shared accounts” and advertising discrepancies using certain codes. (2)Perpetrators of trade in protected wild animals are usually ensnared using the KSDAHE Law.This still does not cause a deterrent effect for the perpetrators. Almost all laws andregulations in Indonesia have not regulated the form of wildlife trade. This rule only exists inLaw 5/1990, even though the provisions on wildlife trade have existed in the 1970s andinternational provisions are regulated in CITES. The regulation of electronic trade has beenregulated and there have been implementing regulations (PP 80/2019), but this has not yetcome to regulate activities that protect the excessive use of natural resources in the form ofillegal exploitation in the form of online wildlife trade.(3) Law enforcement againstperpetrators of online-based protected wildlife crimes in Indonesia, which is expected in thefuture, requires special attention in the revision process of Law Number 5 of 1990concerning Conservation of Natural Resources and Ecosystems. This is because the articlescontained in the body of Law 5/1990 are not sufficient to take action against perpetrators ofonline-based wildlife crimes. Based on the research conducted, it is necessary to expand thecriteria for criminal acts, especially in relation to the commercial element, including theactivity of offering wild animals both physically and online which will be a critical point tohelp prevent and take action on cases related to online-based wildlife crime which so farhave not been identified. Included in Law 5/90. The strengthening of financial penalties andthe amount of substitute penalties also need to be strengthened in the process of revising Law5/90. To strengthen related regulations, it is hoped that related parties can encourage therevision of the ITE Law to include norms regarding the prohibition of electronic transactionson protected wildlife. Keywords:Keywords: Criminal Law Enforcement, Crime of Protected Wild Animals, AnimalTrading, Online