Criminal Liability for the Trade of Protected Wildlife from the Perspective of Law Number 5 of 1990 on the Conservation of Biological Natural Resources and Ecosystems

Abstract

The ownership or trade of protected wildlife prohibited by both national and international law is driven by consumer demand for various needs. The aim of this research is to understand the criminal liability for the trade of protected wildlife from the perspective of Law Number 5 of 1990 on the Conservation of Biological Natural Resources and Ecosystems. This study is normative research, which uses legislation as its basis. The data used is secondary data, and the data collection method employed in this research is library research. Based on the research findings, it is understood that the conclusions drawn, as explained in the preceding chapters, indicate that according to Article 40 paragraph (2) of Law Number 5 of 1990 on the Conservation of Biological Natural Resources and Ecosystems, a person may face criminal sanctions, namely imprisonment for a maximum of 5 (five) years and a fine of up to Rp 100,000,000.00 (one hundred million rupiah) as stipulated in the provision of that article. Meanwhile, Article 40 paragraph (4) of the Conservation Law has similarities with the formulation of the offense found in paragraph (2), with the fundamental difference being the element of negligence