JUAL-BELI SATWA BURUNG DILINDUNGI NEGARA: TINJAUAN HUKUM PERJANJIAN DAN PENEGAKAN HUKUMNYA

Abstract

The rampant trade in birds protected by the state has reduced the number of these species and tends to become extinct. The extinction of one species will have an impact on other ecosystems. One of the causes of the many practices of buying and selling protected birds is the low law enforcement process, so it does not provide a deterrent effect to perpetrators of violations. This article aims to discuss the review of treaty law on the sale and purchase of birds protected by the state and review the law enforcement mechanisms that can be applied in this case. The research method used in this article is normative legal research by tracing literature studies that are relevant to the object of research. The collected data is then analyzed using a conceptual approach and a statutory approach. The results of this study indicate that the practice of buying and selling birds protected by the state is contrary to the law of the agreement because it does not fulfill the conditions for the validity of the agreement. Especially the objective conditions in the form of objects of the agreement, including those that are prohibited from being traded, and the non-fulfillment of the elements of a lawful cause because the sale and purchase of animals protected by the state are included in the category of prohibited acts and is contrary to the law, decency, and public order. The perpetrators of trading in protected birds can be enforced by law using criminal sanctions with a minimum fine of 100-500 million and imprisonment of 1-5 years, or through a civil lawsuit asking for compensation.