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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Sriwijaya Law Review Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Simbur Cahaya Jurnal Abdidas BERNAS: Jurnal Pengabdian Kepada Masyarakat Jurnal Pengabdian Masyarakat Indonesia Journal La Sociale
Vera Novianti
Fakultas Hukum Universitas Sriwijaya
Religion Agriculture, Biological Sciences & Forestry Humanities Decision Sciences, Operations Research & Management Dentistry Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Nursing Public Health Social Sciences Veterinary Other

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Journal : Sriwijaya Law Review

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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 § 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.
Enhancing Restorative Justice in Indonesia: Exploring Diversion Implementation for Effective Juvenile Delinquency Settlement Nashriana Nashriana; Desia Rakhma Banjarani; Marwin S Del Rosario; Vera Novianti
Sriwijaya Law Review Volume 7 Issue 2, July 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss2.2427.pp318-334

Abstract

Indonesia’s juvenile delinquency is rapidly increasing in a high number every year. At the same time, restorative justice’s implementation through the diversion mechanism is ineffective. This circumstance indicates that efforts to enhance juvenile delinquency settlement are essential. Hence, this research elaborates on diversion challenges in settling cases involving juveniles in Indonesia. Moreover, it will analyse efforts to optimise diversion implementation in strengthening restorative justice in settling juvenile cases in Indonesia. This is normative research that uses a statutory approach and is described qualitatively. The research illustrates numerous obstacles in applying diversion during juvenile delinquency resolution in Indonesia. Amongst the difficulties are legal factors; law enforcer factors; factors of means or supporting facilities; societal factors, and cultural factors. These challenges incline the necessity to improve diversion applications in Indonesia’s juvenile delinquency. The effectiveness of diversion will contribute positively to the restorative justice system in Indonesia. Furthermore, optimising diversion is possible through reformulating regulation and prioritising prevention efforts to prevent juvenile delinquency from reaching litigation settlement.
Co-Authors Artha Febriansyah Desia Rakhma Banjarani Febrian Febrian Flambonita, Suci Lusi Apriyani Lusi Apriyani Lusi Apriyani Marwin S Del Rosario Murty, Theta Nashriana Nashriana Putu Samawati, Putu Wahyu Ernaningsih