Killing a Dolphin Equals Five Years Imprisonment and a Hundred Million Rupiah Fine

[Save the Dolphins] this image was taken from  http://youmeandbiodiversity.wordpress.com

[Save the Dolphins] this image was taken from http://youmeandbiodiversity.wordpress.com

Taken from a news article published by detikNews on Wednesday, 22/12/2010, torn fishing net caused by the dolphins which were accidentally caught became the forerunner of the occurrence of the dolphins hunting (if cannot be stated massacre). After such coincidences continuously happened, the fishermen began to lose their patience. They no longer released the dolphins which accidentally netted, otherwise they were chopped to be eaten. The delicazy of the flesh of the dolphins were spread which makes the trade of the dolphins flesh increasingly favored by the community of Bagan Siapiapi, Riau, Indonesia.

[Illustration] White-Sided Dolphins Killed In The Faroe Islands (Denmark) Between Iceland And Britain. Undated File Photo By Eric Christensen

[Illustration] White-Sided Dolphins Killed In The Faroe Islands (Denmark) Between Iceland And Britain. Undated File Photo By Eric Christensen

If the fishermen killed the dolphins (originally) under the pretext of annoyed by their torn fishing net, gradually, they had another reason. The difficulty/scarcity of fish (maybe snapper or others) in the sea to be fished, worsening the hunt of the dolphins. Since then, a number of traditional fishermen even have intentionally been hunting the dolphins because such flesh are ‘best-selling’ at the traditional markets. The price of the dolphins flesh sold at the traditional market is cheap, i.e. Rp 20.000,00 (USD 2.00) per kilogram.

Furthermore, from the statement of a number of fishermen, the dolphins hunting has been being carried out since year 1990 until present. However, nowadays, fishermen starts to find it difficult to find the dolphins. It is probably because of the population of the dolphins is continuosly declining.

[Dolphin is a cute and smart animal so why kill it?] this image was taken from http://www.follybeach.com

[Dolphin is a cute and smart animal so why kill it?] this image was taken from http://www.follybeach.com

The government, especially trough the Minsitry of Maritime and Fishery Affairs must conduct more socialization on the protected animal which in this case are dolphins. In Indonesia, animals and vegetation protection is regulated under Law Number 5 of 1990 jo. Government Regulation Number 7 of 1999. Actually, the drafting of Law on Biodiversity as the amendment of Law Number 5 of 1990 is still progressing to cover the significant changes in the past 2 (two) decades.

However, based on Appendix Government Regulation Number 7 of 1999, dolphins (Dolphinidae, Ziphiidae & Orcaella brevirostris), are included as the protected animals. Article 21 paragraph (2) Law Number 5 of 1990 states that anyone is prohibited to catch, injure, kill, hold, possess, preserve, transport and trade in an alive protected animal. Moreover, it is also prohibited to keep, possess, preserve, transport and trade in a died protected wildlife.

As for the criminal sanctions, Article 40 Paragraph (2) Law Number 5 of 1990 regulates that anyone who intentionally commits a breach of the provisions referred to in Article 21 paragraph (2) shall be convicted with imprisonment for 5 (five) years maximum and a maximum fine of Rp 100.000.000,00 (one hundred million Rupiah).

[imprisonment] this image was taken from  jayativora.com

[imprisonment] this image was taken from jayativora.com

Even if the breach of Article 21 Paragraph (2) Law Number 5 of 1990 is conducted because of negligence, then it shall be convicted with imprisonment for 1 (one) year maximum and a maximum fine of Rp 50.000.000,00 (fifty million Rupiah) according to Article 40 Paragraph (4) Law Number 5 of 1990.

To be more specific, Article 42 Minister of Maritime & Fishery Affairs Regulation Number PER.12/MEN/2012 states that every fishing in high sea which unintentionally bycatching sea mamals (inc. Dolphins) must release them alive. In the event that mammals including dolphins which accidentally caught in an inanimate state, skipper/ship captain must report it to the head of the port to make affidavits in order to report to the Direktur Jenderal Perikanan Tangkap.

Furthermore, Article 39 of such Minister Regulation also states that fishing vessel which bycatching Dolphins must conduct conservation action. Article 46 of such Minister Regulation also regulates that fishing vessel is prohibited to catch certain types of fish which are specifically charged conservation action by Regional Fisheries Management  Organization. The fishing vessel which breaches such provision shall be menaced with reprimand and 2 (two)-month suspension of Fishing Permit or Fishing Vessel Permit from Direktur Jenderal Perikanan Tangkap.

In addition, according to Appendix IV Minister of Trade Regulation No. 44/M-DAG/PER/7/2012, the Dolphins categorised as Export Prohibited. Therefore, by having all of these regulations, the Government of Republic of Indonesia can  preventively socialize or even enforce in repressive to anyone regarding the hunt of the dolphins as one of the protected animals.

Here is the link of the news article from detikNews as reffered above (provided in Indonesian language): http://news.detik.com/read/2010/12/22/153534/1530824/10/ketika-nelayan-riau-membunuh-lumba-lumba?9911032

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2 responses to “Killing a Dolphin Equals Five Years Imprisonment and a Hundred Million Rupiah Fine

  1. Meskipun aku orang awam dalam peraturan hukum seperti yang disebutkan di atas. Kok menurutku akan sia-sia ya denda yang ratusan juta seperti itu..? Coba deh. Nelayan ditangkep. Suruh bayar 100 juta. Dia akan mikir “Yawdah tangkep aja.. Gw gak punya duit sebanyak itu juga.” Tapi.. Tapi.. Kalo dendanya sekitar 100.000 – 200.000, malah mereka takut nggak sih..? Karena gak gitu gede, tapi akan sering. Correct me if I’m wrong. Nice article anyway, dear. We want more! 😀

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