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The Implementation Of Convention On International Trade In Endangered Species Of Wild Fauna And Flora 1973 In Protection Orangutan In Aceh Indah Fuji Lestari; Nellyana Roesa
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 2, No 2: Mei 2018
Publisher : Fakultas Hukum Universitas Syiah Kuala

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Abstract

Orangutan is listed in Appendix I of  The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 1973 as critically endangered species. Indonesia has ratified CITES under Precidential Decree No. 43 Year 1978 on the ratification of the CITES. Orangutan in Aceh has an extremely high risk of extinction caused by trade, fragmentation, possession and poaching. The aims of this study are to describe the implementation of CITES in Indonesia to protect Orangutan, to examine the obstacles faced by  Aceh government and the efforts by Aceh  government to protect Orangutan. This research is conducted through juridical empiric method. The data was obtained by conducting library research to acquire secondary data which sources include; legislations, books, online documents and other scholarly works and conducting field research, interviewing on respondents and informants as the primary data. Indonesia has adopted stricter domestic legislation under the Act No. 5 Year 1990 on the Biodiversity Conservation and Its Ecosystems, it was enacted the prohibitions and criminal sanction on the perpetrator who conducted illegal activities on wild fauna and flora. Indonesia also provide Government Regulation and several Ministerial Decree which contain spesific regulations, policies and procedures. The research found that one of the biggest problems is the law enforcement is not applied on the element of ownership of Orangutan which stated in the article 21 (2) of the Act No. 5 Year 1990. There are several obstacles in protecting Orangutan such as the lack of human resources, the lack of financial support, law enforcement, and the efforts by the government of Aceh are the enactment of Qanun No. 7 year 2016 on the Aceh Forestry, socialization about Orangutan as protected species, monitoring the Orangutan’s habitat, the confiscation on ownership of Orangutan and the establishment an Orangutan reintroduction center in Jantho.  The recommendation are the government should revise the Act No. 5 year 1990 and the appendix Government Regulation No. 7 year 1999 to optimalize legal protection on Orangutan by increasing the punishment on the trade of Orangutan. The ownership of Orangutan must to be execute by the law and The Government of Aceh should be focus on the conservation effort of Orangutan.
The Integration Of The Ballast Water Management Convention 2004 Into State Responsibility To Ensure The Marine Environmental Protection : Case Study In Indonesia Andi Maulana; Nellyana Roesa
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 2, No 3: Agustus 2018
Publisher : Fakultas Hukum Universitas Syiah Kuala

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Abstract

Invasive aquatic species present a major threat to the marine ecosystems, and shipping has been identified as a major pathway for introducing species to new environments. Such harmful species is transferred through ship’s ballast water. When ship’s ballast water is discharged into a new environment in destination port, invasive aquatic species contained in ballast water will cause damage to host environment. In 2004, an international treaty was established to overcome this issue, that is the Ballast Water Management Convention 2004, with Indonesia as one of state parties to the Convention by ratifying the Convention into Presidential Decree No. 132 of 2015. There is a case where the introduction of ballast water damaged marine ecosystem and killed marine biota in Gulf Lampung in 2012. This damage shall be an alert for Indonesia to take immediate action to integrate the Convention into its national legislation. This thesis aims to examine how Indonesia ensure shipping operation under their territory comply with the Ballast Water Management Convention and to identify any challenges to implement the Convention properly. This research is conducted through normative method. It focuses on library research to collect, reading, citing and analyzing data that are related to the subject of research beside primary and tertiary data. After conducting the research, it is found that Indonesia has two roles according to the Ballast Water Management Convention, as flag state and port state. As a flag state, integrating the Convention into national law shall be carried out immediately to comply with the Convention  and also to conduct survey and certification of ship. As a port state, Indonesia needs to carry out inspection to foreign ships that apply the Convention with no more favourable treatment is given to the ships from non-state parties. However, the government have to deal with lack of adequate facilities and skillful human resources to support the enforcement of Ballast Water Management Convention. It is suggested that Indonesia shall review its national legislation in order to accommodate any obligations as flag state and port state pursuant to the Ballast Water Management Convention. Furthermore, the government must develop adequate testing facility to ensure that Ballast Water Management System Certificate issued by the government is consistent with the Convention. Another important issue is to deploy enough qualified Port State Control personnels in every national port visited by foreign ships to conduct appropriate ship inspection.