Abstract
The number of cases of protected animal trafficking
in Indonesia has increased sharply from 2015 to 2017. Based on several
protected animal trade cases in Indonesia, this has caused a state loss that is
invaluable. One example of a concrete event can be seen in the Decision of the
Stabat District Court Number 651 / Pid.Sus / 2015 / PN.Stb concerning the crime
of trafficking in protected animals. The judge imposes criminal sanctions on
the defendant in the form of 2 months in prison and a fine of Rp. 5,000,000
(five million rupiahs), the verdict is too light when compared to the decision
of the Medan District Court Number 775 / Pid.B / LH / 2018 / PN.Mdn which
imposes a 2-year criminal sanction in prison and the Mandailing Natal State
Judgment Number 145 / Pid.B / 2014 / PN.Mdl which imposes 1 year imprisonment
because if the trade of protected animals is carried out continuously it will
cause the animal population to decline and the balance of the ecosystem will be
disrupted which ultimately brings adverse impacts on environmental damage. The
purpose of this study is to analyze the Judge's Consideration in imposing a
criminal on the District Court Decision Number 651 / Pid.Sus / 2015 / PN.Stb
concerning the trade in protected animals.
This research is a type of normative juridical
research using a legislative approach and a case approach. The types of legal
material in this study consist of primary, secondary, and tertiary legal
materials. Legal material collection techniques with library studies and
analysis techniques using prescriptive methods.
The results of the study indicate that the Judge's consideration in imposing a criminal on the District Court Decision Number 651 / Pid.Sus / 2015 / PN.Stb concerning the trade in protected animals is based on juridical considerations on the public prosecutor's charges, the defendant's statement, witness statements, expert information, and goods evidence. on the decisions of protected animal trade, judges tend to see the large amount of evidence in criminal charges and judges do not see that the perpetrators and the intensity of the perpetrators trading protected animals will reduce the animal population and disrupt the balance of the ecosystem. While the non-juridical considerations, the judge paid attention to matters that incriminated and relieved the defendant, for matters that incriminated the defendant, the judge saw the defendant's actions and the actions of the defendant. The thing that alleviated the defendant, the judge looked at the social background and behavior of the defendant during the trial.
Keywords: District Court Decision, Trade in
protected animals,
Judge
Considerations