CRIMINAL LIABILITY IN THE CASE OF POACHING OF ENDEMIC ANIMALS (CASE STUDY OF BALI STARLINGS)

Abstrak

Background. The Balinese Starling faces the threat of extinction due to widespread illegal trade and illegal hunting.

Aims. The purpose of this investigation is to identify the elements that hinder the efficacy of law enforcement, in addition to analyzing the criminal responsibility of the offender as described by Law No. 5 of 1990.

Methods. The research methodology is characterized by a normative juridical approach that integrates legislative analysis and empirical case studies.

Result. Criminal liability is applied through a one-track system, but it fails to deter because the sanctions imposed are too light compared to the economic benefits of the black market. Law enforcement is hampered by weak legal substance, limited inter-agency coordination, and low public awareness, with wildlife still considered an economic commodity. The current legal system is not optimal in ensuring the protection of national biodiversity.

Conclusion. This underscores the need to reform Law No. 5 of 1990 to enhance the deterrent effect of criminal behavior, incorporate technology-based surveillance, and transition conservation methodologies from a penal paradigm to a socioeconomic framework, thereby preventing the permanent extinction of Bali Starlings in their natural habitat.

Implementation. The findings regarding weak deterrence effects signal the urgent need for legal reform and transformation of protection strategies.