Tindak Pidana Pencucian Uang yang Berasal dari Kejahatan Perdagangan Ilegal Satwa Liar yang Dilindungi (Studi Putusan Nomor: 71/Pid.B/LH/2018/PN.Plw dan Putusan Nomor: 38/Pid.Sus-TPK/2018/PN.Pbr)

Abstract

Illegal trading of protected wild animals is a criminal offense regulated in Law no. 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. This criminal act of trafficking in protected wild animals. The large consumer power of humans towards protected wild animals has given rise to a large number of demands from those who trade in protected wild animals, which makes the perpetrators of protected wild animals try to fulfill this demand, who are tempted by the profits from the trade in protected wild animals. The criminal sanctions regulated in the KSDAHE Law are considered to be still low with regulations that have never been updated since 1990 until now, so that environmental observers are trying to make the crime of trafficking in protected wild animals a criminal offense based on protected wild animals. By becoming a predicate crime for the crime of money laundering, it is hoped that the punishment for perpetrators of the crime of illegal trade in protected wildlife will be tougher. This research is normative legal research, prioritizing library materials or secondary data. The nature of this writing research is analytical descriptive. This research is expected to obtain a detailed and systematic picture of the problems studied. Wildlife Trading with Money Laundering Crimes. Article 2 paragraph (1) letter z Law no. 8 of 2010 states that TPPU proceeds are assets obtained from other criminal acts which are punishable by imprisonment for 4 (four) years or more. Illegal trade in protected wild animals can also be charged under the TPPU Law. The activity of transferring the proceeds of wealth originating from crime can be charged under Article 3-5 paragraph (1) and Article 6-10 of Law no. 8 of 2010. The strength of evidence in cases of illegal wildlife trade in court is weak, this is because the trade is carried out using a modern system following developments in modern times, which has an impact on the decisions handed down by judges being light and providing less of a deterrent effect on the perpetrators. By becoming a criminal offense for money laundering, with investigators following the flow of funds resulting from the trade in protected wild animals, evidence will be obtained to ensnare perpetrators of the trade in protected wild animals with heavier sentences. It is hoped that there will be updates to Law no. 5 of 1990 concerning Conservation of Biological Natural Resources and Ecosystems by adapting to current developments, modes of crime against protected wild animals, and state losses resulting from criminal acts of illegal trade in protected wild animals, so that it will present heavy sanctions for perpetrators of crimes against protected wild animals. This will also create fear among people who will commit crimes against protected wild animals, especially if the Money Laundering Law directly includes crimes against protected wild animals as criminal acts originating from the crime of money laundering.