CRIMINAL POLICY ON CRIMINAL ACTS AGAINST ANIMALS (ANIMAL ABUSE) BASED ON PANCASILA JUSTICE IN INDONESIA

Resumo

Animal abuse is a socially unacceptable act that intentionally causes unnecessary suffering, pain, or death to animals. This includes behaviors such as physical violence, neglect, sexual abuse, and mistreatment. Cases of animal abuse are increasing, especially in Indonesia, where in 2019, criminal acts of violence against animals became more widespread. Many people now create and upload videos of cat torture and killing to social media, highlighting the lack of legal protection for animals. In light of these trends, it is crucial to examine current criminal policies regarding crimes against animals, assess their necessity, and evaluate how future policies might develop in line with Pancasila principles. This study uses case, statute, historical, and comparative approaches. The results show that current criminal law policy on animal crimes is regulated by multiple laws: the Indonesian Criminal Code (KUHP), specifically Article 302 on animal cruelty, Article 490 on penalties for animal abuse, and Article 540 on neglect or violence against animals; Law Number 41 of 2014 on Animal Husbandry and Animal Health; and Law Number 5 of 1990 on the Conservation of Living Natural Resources and Their Ecosystems. Legal protection of animal welfare is integral to maintaining ecosystem balance and social justice. This aligns with community development and needs. The aim is to create welfare and prosperity for all Indonesians, ensure animal food needs are met sustainably, and maintain harmony among humans, animals, and the environment. Law Number 1 of 2023 concerning the new Criminal Code (UU KUHP), Part Six (Tindak Pidana Penganiayaan Ternak dan Satwa), specifically addresses harassment, negligence in care, and cruelty to animals in Articles 336, 337, and 338. Provisions on animal cruelty include additional prohibited acts, such as engaging in sexual relations with animals, as stated in Article 337, paragraph (1), letter b. There is a need to formulate articles regarding the distribution of pornographic animal content and to reformulate existing articles on animal cruelty. Furthermore, legal provisions concerning animals assisting law enforcement (e.g., K9 and military dogs) and service animals in medicine should be amended to provide stronger protection.