THE PROTECTION OF ENDANGERED ANIMALS IN THE PROBLEM OF SALE AND

PURCAHSE UNDER THE INDONESIAN LAW

ENVIRONMENTAL LAW

SUBMITED TO

H. Nasrullah, S.H., S.Ag., MCL.

PREPARED BY
Mohammad Hari Adipurna (20140610049)

INTERNATIONAL PROGRAM FOR LAW AND SHARIA

FACULTY OF LAW

UNIVERSITAS MUHAMMADIYAH YOGYAKARTA

2016
 BAB I

INTRODUCTION

A. Background

A decent living that is the right of all people often becomes an obstacle to the
preservation of the environment. The obstacle arises because of the conflict between the
environmentalist groups and free trader groups1. The environmentalist groups is the group that
supporting the problem of environment. While, the free trader groups is the group that supporting
the free trader which requires the elimination of restrictions limiting gains. The destruction of the
environment is not only caused by the human needs who seek material gain, but also as a way to
survive, many cases like burning for fertile ground, the use of wood as fuel, and the overfish by
the fisherman. Animal trading also is also one way that humans do to survive. Indonesia is a
mega biodiversity country, because Indonesia is the richest biodiversity and the largest
archipelago country in the world2. Indonesia has 2425 species of animals; consist of 515 species
of mammals, 1519 species of birds, 270 species of reptiles and 121 species of butterflies.

To fulfill the needs and get great benefits of some people, the exotic species of Indonesia
became an easy target to trade because of the uniqueness and rarity. Sumatran elephants,
komodo, one-horned rhinos, parrots, orangutans, tapirs are just a few of the animals which are
often traded illegally.

This problem is because of the lack of punishment, risk of being arrest is small, and very
big advantages in the trading of this endangered animals. As written in National Geographic,
National Geographic stated “The trade attracts organized crime. Because the return is high, the
risk of getting caught is low, and, until recently, the penalties have been minimum” 3. In fact, it
also occurred in Indonesia where of the minimum of law enforcement against the endemic
species of Indonesia, which in general is rare, is rapidly involving. In the development of trade in
endangered animals not only interact directly between the seller and buyer but may also occur by
online transaction.

1
Riyatno, 2004, Perdagangan International dan Lingkungan Hidup, Graduate Program, Faculty of Law, Universitas
Indonesia, UI Press, p.1.
2
http://www.garutkab.go.id/ accessed on December 15th 2016 at 15.02 pm
3
Poten Constance J, 1991, America’s Illegal Wildlife Trade: A Shameful Harvest, National Geographic, p.110.
 Based on Kamus Besar Bahasa Indonesia (KBBI), purchase and sale is a mutually
binding agreement between the seller, the party that delivered the goods, and the purchaser as the
person who paid the price of goods. Over the years, the purchase and sale transaction of the
endangered animals is increasing. The purchases and sale of endangered animals is still rife,
Indonesia Central Sumatra, stated that the high problem of purchase and sale in endangered
animals is because of the high of market needed, the lack of punishment and the lack of fine
which make the perpetrators have not yet felt the deterrent effect.

B. Problem Formulation

1. What is Endangered Animals?

2. How the problem of purchase and sale in Endangered Animals?

3. How the protection of Endangered Animals under Indonesian Law?

 BAB II

DISCUSSION

A. Endangered Animals

Indonesia is one country in the world that has so many lists of endangered species and it
is also called in the appendix species, the species consist of 140 bird’s species, 77 mammals’
species, 21 reptiles’ species, and 65 fish’s species. And more than of 72% of forest which is the
habitat of wildlife was lost4. And the endanger animals which protected by the legislation is
known as the Appendix Animals.

Based on Article 2 of Convention on International Trade in Endangered Species of Wild

Fauna and Flora (CITES), the term of appendix is divided into three categories, namely:

Appendix I shall include all species threatened with extinction which are or may be affected by
trade. Trade in specimens of these species must be subject to particularly strict regulation in
order not to endanger further their survival and must only be authorized in exceptional
circumstances.

Appendix II shall include:

(a) All species which although not necessarily now threatened with extinction may become so
unless trade in specimens of such species is subject to strict regulation in order to avoid
utilization incompatible with their survival; and

(b) Other species which must be subject to regulation in order that trade in specimens of certain
species referred to in sub-paragraph (a) of this paragraph may be brought under effective
control.

Appendix III shall include all species which any Party identifies as being subject to regulation
within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the
co-operation of other Parties in the control of trade5.

4
http://www.wwf.or.id/ accessed on Decemebr 16th 2016 at 10.09 am
5
Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973
 Based on Article 20 (2) of Law No. 5 of 1990 on the Conservation of Natural Resources
of Flora and its Ecosystem, stated that plants and animals species are protected classified in the
endangered of plants and animals, and plants and animals who has rare to find 6. The high price
and huge profits, as well as non-optimal law enforcement efforts, making a lot of people hunt
wild animals to be traded illegally.

B. The Problem of Purchase and Sale in Endangered Animals

Based on Kamus Besar Bahasa Indonesia (KBBI), purchase and sale is a mutually
binding agreement between the seller, the party that delivered the goods, and the purchaser as the
person who paid the price of goods7. In the development of trade in endangered animals not only
interact directly between the seller and buyer but may also occur by online transaction.

Social media is one of the way to do online transaction between seller and buyer and it is
also became the place of gathering for the hobbyists and the seller of endangered and appendix
animals. Social media also became the method to get the information regarding to the sale and
purchase in endangered and appendix animals in the world. The entire seller uploaded the picture
of animals and also put the price of those animals to make easier its transaction. Animal’s
campaigners of Indonesia, Elizabeth Laksmi added in her statement, Facebook is one of the
social media which became the place for all the hobbyists of endangered and appendix animals
to get the information regarding to the sale and purchase of animals. The traders take the
advantages of social media such as Facebook because this social media have not implemented
security system to block the account wildlife criminals. And the traders commonly in secret
group or community for did promotion of that endangered and appendix animals.

Public awareness about the dangers of illegal trade in the appendix animals is very
important because it can be help protect a variety of wildlife, including the absence of a desire to
purchase and keep the wildlife. According to Chairul Saleh from Conservation Science for
Flagship Species Coordinator WWF-Indonesia, illegal trade in wildlife is rife because of market
demand for the body parts of certain animals that are believed to have health benefits. So, if the
society stop their desire to keep and use the body of certain animals, the illegal trade in wildlife

6
Law No. 5 of 1990 regarding to the Conservation of Natural Resources of Flora and its Ecosystem
7
Kamus Besar Bahasa Indonesia, 2008, PT. Gramedia Pustaka Utama, Jakarta.
 will be descries than before. Keep the wildlife, especially for endangered animals is not the pride
or an achievement. It was actually a crime because it violates the law.

C. The Protection of Endangered Animals under Indonesian Law

Indonesia is a country that is rich biological diversity. It is estimated that approximately

17% of animals in the world are in Indonesia, although the wide of Indonesia is only 1.3% of the
world's land area8. Although Indonesia is rich in term of wildlife but Indonesia also known as a
country that has a long list of endangered animals. Currently the number of Indonesian
endangered animals by International Union for Conservation of Nature in 2011 was 184 species
of mammals, 119 species of birds, 32 species of reptiles, 32 species of amphibians, and 140
species. The total number of Indonesian species of animals with critical categories there are 69
species, 197 endangered species category and the category of vulnerable there are 539 types.

Indonesia is known as a country that has a wealth of tropical rainforest in the world.
Indonesian forest areas based on data up to 1990 reached 143 970 million hectares spread across
the country9. To keep the utilization of natural resources can take place in the best way. Because
of that, the House of Representative of Republic of Indonesia enacted Law No. 5 of 1990 on the
Conservation of Natural Resources of Flora and its Ecosystem as an arrangement to
accommodate and govern in all scope of conservation of natural resources and its ecosystem.

The problem of purchase and sale in endangered animals is a serious threat to wildlife in
Indonesia. The endangered animals which sold illegally were the wild catch. In the regulations, it
is already mentioned that the endangered and appendix animals is prohibited to purchase and
sale, and keep. In the Law No. 5 of 1990 on the Conservation of Natural Resources of Flora and
its Ecosystem in Chapter V “Preservation of plants and animals”, Article 21 (2) (a) stated that
“every person is prohibited to catch, injure, kill, keep, possess, maintain, transporting, and selling
appendix animals”. But in reality the prohibitions contained in this law do not make the
perpetrators of purchase and sale the animal feel afraid, even these animals traded more intense
and there is a special place to purchase and sale these endangered and appendix animals10.

8
https://www.profauna.net/ accessed on December 16th 2016 at 14.59 pm
9
Koesnadi Hardjasoemantri. 1995. Hukum Perlindungan Lingkungan: Koservasi Sumber Daya Alam Hayati dan
Ekosistemnya, Yogyakarta: Gadjah Mada University Press, p.4.
10
Arief Budiman, 2014, Pelaksanaan Perlindungan Satwa Langka Berdasarkan Undang-Undang No. 5 tahun 1990
tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya (Studi di Seksi Konservasi Wilayah I Surakarta
 This is the evidence from some of the cases that have occurred, 20 appendix species have
sale by online transaction in Kulonprogo, Yogyakarta. There are 20 endangered species were
confiscated from the offender online purchase that will undergo rehabilitation at the Wildlife
Rescue Centre (WRC) of Kulon Progo, Yogyakarta 11. The existence of social media such as
Facebook, and Twitter became danger for the existence of flora, because it may be the facilities
to do purchase and sale of the endangered and appendix animals. The internet transaction of
endangered and appendix animals normally can be impose by the Law No. 11 of 2008 on
Information and Electronic Transaction12.

The wildlife trade is an economic activity at the local, national, and international level.
With the example of the case that there are thousands of appendix animals smuggled out of the
country every month. The buyers of these animals which are from Japan, Pakistan, Malaysia,
Kuwait, and Iran. To protect this species from extinction there is International treaty to prohibit
the illegal trading of appendix and endangered animals, it is Convention on International Trade
in Endangered Species of Wild fauna and Flora (CITES). CITES has been formed in 1973 and
entered into force since 1975. Because this wildlife trade activities across national borders or at
least involve the two countries, efforts to create an international treaty is the best way to
formulate the CITES to control excessive exploitation.

BAB III

CONCLUSION

Balai Konservasi Sumber Daya Alam Jawa Tengah), Fakultas Hukum, Universitas Sebelas Maret, Surakarta, p.2.
11
http/www.harianjogja.com/ accessed on December 19th 2016 at 16.48 pm.
12
Law No. 11 of 2008 on Information and Electronic Transaction
 The implementation of Law No. 5 of 1990 on the on the Conservation of Natural
Resources of Flora and its Ecosystem own several constraints such as limited of human resources
to run the wildlife conservation program which can not effectively deal with the issues on the
broad region. Limited system of coordination and cooperation between sectors are also
differences in missions, different capacities, different carrying capacity, as well as the lack of
communication and information between sectors. The lack of expert personel and the awareness
of society in the consevation to protect the endangered species is proof by there are still many
society who cature of animals. Lack of public awareness of the presence of wildlife in the form
of arrests and the use of wild animals according to the rules of conservation. Natural damage due
to fires and illegal logging resulted disturbed wildlife and ecosystems threatened. To disseminate
the long term for raising public awareness to preserve endangered species.

REFERENCE

BOOK
 Riyatno, 2004, Perdagangan International dan Lingkungan Hidup, Graduate Program,
Faculty of Law, Universitas Indonesia, UI Press.

Kamus Besar Bahasa Indonesia, 2008, PT. Gramedia Pustaka Utama, Jakarta.

Poten Constance J, 1991, America’s Illegal Wildlife Trade: A Shameful Harvest, National
Geographic.

Koesnadi Hardjasoemantri. 1995. Hukum Perlindungan Lingkungan: Koservasi Sumber

Daya Alam Hayati dan Ekosistemnya, Yogyakarta: Gadjah Mada University
Press.

Arief Budiman, 2014, Pelaksanaan Perlindungan Satwa Langka Berdasarkan Undang-

Undang No. 5 tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan
Ekosistemnya (Studi di Seksi Konservasi Wilayah I Surakarta Balai Konservasi
Sumber Daya Alam Jawa Tengah), Fakultas Hukum, Universitas Sebelas
Maret, Surakarta.

REGULATION

Convention on International Trade in Endangred Species of Wild Fauna and Flora,

Maret 3rd of 1973.

Law No. 5 of 1990 on the Conservation of Natural Resources of Flora and its Ecosystem.

Law No. 11 of 2008 on Information and Electronic Transaction

INTERNET

http://www.garutkab.go.id/download_files/article/Hari%20Cinta%20Puspa%20dan
%20Satwa%20Nasional.pdf downloaded on December 15th 2016 at 15.02 pm

http://www.wwf.or.id/?26740/Menyelamatkan-yang-Tersisa-dari-Perdagangan-Il`
;xzegal-Satwa-Liar/ accessed on Decemebr 16th 2016 at 10.09 am

http://www.harianjogja.com/baca/2016/02/18/penjualan-satwa-bareskrim-polri-ungkap-
kasus-jual-beli-20-hewan-dilindungi-692302/ accessed on December 19th 2016
at 16.48 pm.