Legal Literacy - This article explains the legal regulations prohibiting the trade of wildlife products tiger in Indonesia.
Tiger Species in Indonesia
A few days ago, the public was surprised by a product in the form of a tablecloth allegedly made from animal material, namely tiger in the room of the chairman of the Indonesian People's Consultative Assembly (MPR RI), Mr. Bambang Soesatyo. However, after clarification, it turned out that it was only a replica, meaning it was not made from genuine tiger skin. Nevertheless, regardless of that, what are the provisions or prohibitions on trading products made from tigers, especially in Indonesia? First of all, it is important to know that tigers are one of the carnivores from the big cat (Panthera) family that are not only found in Indonesia. There are at least several tiger species that are still alive today, namely the Siberian/Amur tiger, the Bengal/Indian tiger, the Indochinese tiger, the South China tiger, the Sumatran tiger, and the Malayan tiger.
In this article, the Sumatran tiger is the focus of discussion, which is the smallest tiger of all subspecies, with a length of up to 2.5 meters and a weight of 140 kilograms. From data collected by the Ministry of Environment and Forestry (KLHK) since 2018-2019, there are at least 371 individuals still alive. With such a small number, those living in the wild are still threatened by poaching, habitat destruction, and conflict with humans.
Regulations Protecting Tigers
There are at least two types of legal products that seek to provide protection for tigers, namely international law and national law. In the realm of international law, there is CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) in accordance with the theory of international law where Indonesia is one of the countries that has signed the Convention, therefore Indonesia is bound and obliged to comply with it, therefore Indonesia creates follow-up legal products as a manifestation of its commitment when ratifying the Convention.
In the provisions of CITES in article 2, it clearly states that all endangered species included in Appendix 1 need to be regulated so strictly that it does not endanger their lives further. Then paragraph 4 prohibits all forms of trade in species included in Appendix 1, 2, and 3 unless in accordance with the provisions of the Convention.
Regarding the intent of the Convention's provisions, in this case, tigers are included in Appendix 1, which, as explained in Article 3, states that trading species in Appendix 1 requires the permission of the country where the animal is located. Such trade permits can only be granted if, based on scientific data from the relevant country, it will not harm or endanger the species' survival, does not conflict with national Fauna and Flora protection laws, the species will not suffer, and it is not intended for commercial exploitation.
In Indonesia, there has long been legislation providing protection for protected/endangered animals, such as tiger namely Law Number 5 of 1990 concerning the Conservation of Biological Natural Resources and their Ecosystems.
In articles 2-3, this law exists with the aim of striving for the realization of the sustainability of biological natural resources and the balance of their ecosystems so that they can support efforts to fulfill human welfare. In addition, it is important to know the implementing regulations, namely Government Regulation No. 7 of 1999 concerning the Preservation of Plant and Animal Species and Government Regulation No. 8 of 1999 concerning the Utilization of Protected Plant and Animal Species. In Article 21 paragraph 2 of Law No. 5 of 1990 concerning the Conservation of Biological Natural Resources and their Ecosystems, it is written:
(2). Everyone is prohibited from:
a. Capturing, injuring, killing, storing, possessing, keeping, transporting, and trading protected animals in a living state.
b. Storing, possessing, keeping, transporting, and trading protected animals in a dead state.
c. Removing protected animals from one place in Indonesia to another place inside or outside Indonesia.
d. Trading, storing, or possessing skins, bodies, or other protected parts or goods made from these parts, removing them from one place in Indonesia to another place inside or outside Indonesia.
e. Taking, damaging, destroying, trading, storing, or possessing eggs and/or nests of protected animals.
This is then followed by criminal provisions, namely in Article 40 paragraph 2
Anyone who intentionally violates the provisions as referred to in Article 21 paragraphs 1 and 2 and Article 33 paragraph 3 shall be punished with imprisonment for a maximum of 5 (five) years and a fine of a maximum of Rp. 100,000,000.00 (one hundred million rupiah).
There are even procedures for transporting protected animals in Article 25 of Government Regulation No. 7 of 1999 concerning the Preservation of Plant and Animal Species, which must be accompanied by an animal health certificate from the authorized agency and carried out in accordance with the technical requirements in force for carrying out transportation. With the existence of provisions such as those above, the Tiger has become one of the protected animals in Indonesia, especially the Sumatran Tiger, which is clearly listed in the appendix of protected animal species in the Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number P.20/Menlhk/Setjen/Kum.1/6/2018 concerning Protected Types of Plants and Animals.
References
- WWF, Tiger Facts, www.wwf.or.id/savesumatra
- Convention on International Trade in Endangered Species of Wild Fauna and Flora
- Law No. 5 of 1990 concerning the Conservation of Biological Natural Resources and their Ecosystems
- Government Regulation No. 7 of 1999 concerning the Preservation of Types of Plants and Animals
- Government Regulation No. 8 of 1999 concerning the Utilization of Protected Types of Plants and Animals
- Regulation of the Minister of Environment and Forestry of the Republic of Indonesia Number P.20/Menlhk/Setjen/Kum.1/6/2018 concerning Protected Types of Plants and Animals.
- https://betahita.id/news/detail/7822/raja-hutan-sumatra-dan-persoalanDilindungi populasinya.html?v=1659042182
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