Bunga Cantika, . (2024) PERBUATAN MELAWAN HUKUM JUAL BELI SATWA LIAR YANG DILINDUNGI NEGARA DITINJAU DARI PASAL 1365 KUHPER. Jurnal Kertha Semaya, 12 (8). pp. 1816-1827. ISSN 2303-0569
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Abstract
This study examines the rampant trade in protected wildlife in the last five years, focusing on the concept of regulation governing the validity of the protected wildlife sale and purchase agreement, where the activity is classified as a tort in Indonesian positive law, specifically Article 1365 of the Civil Code. This research aims to find out how Indonesian positive law governs criminal conduct, as well as how Indonesian law regulates the sale and acquisition of state-protected birds. This study employs a normative method, which is supplemented with statutory and conceptual approaches. The outcomes of this study show that a person who is considered to have committed an unlawful act must have fulfilled three civil elements because his actions are interpreted as an offense with the effect of harm to other parties. Furthermore, protected wildlife sale and purchase agreements that breach the two objective elements for an agreement's validity outlined in Article 1320 of the Civil Code are instantly null and void, eliminating the need to seek authorization in court. To support law enforcement, the Forestry Police and BKSDA must jointly supervise and take firm action against the perpetrators of the sale and purchase of these animals.
Item Type: | Article |
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Additional Information: | [No. Panggil : 2010611046] [Pembimbing : Surahmad] [Penguji 1 : Heru Sugiyono] [Penguji 2 : Dwi Aryanti Ramadhani] |
Uncontrolled Keywords: | Unlawful Acts, Sale and Purchase, Wildlife, Agreement |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
Depositing User: | BUNGA CANTIKA |
Date Deposited: | 23 Aug 2024 04:03 |
Last Modified: | 23 Aug 2024 04:03 |
URI: | http://repository.upnvj.ac.id/id/eprint/33102 |
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