Environmental Civil Liability Towards Protected Wildlife Traders in North Sumatera

Abstract

According to Article 1 number 5 of Law Number 32 of 2009 concerning Environmental Protection and Management, an ecosystem is a system of environmental elements that is a complete and mutually influencing unity in forming environmental balance, stability, and productivity. In an ecosystem, not only humans have a role, but there are also other living things such as animals and plants. Wildlife and its ecosystem have a chain of life that influences each other, depends on each other in forming a web of life (caring capacity). Likewise, between animals, plants, humans, the earth, and all its contents and the environment have a reciprocal relationship with each other, so that the extinction of wildlife can result in disruption of the ecosystem. The existence of animals and plants is very important so that attention is needed so that they continue to exist. The goal is that their role in maintaining the balance and stability of the environment continues to run well. Legal liability for wildlife that causes harm to other pets is an unlawful act, where as stated in Article 1368 of the Civil Code that an animal owner, or anyone who uses it, as long as the animal is used is responsible for losses caused by the trade in wildlife. The liability arising in this case is not a contractual liability because the legal consequences do not arise from an agreement, but rather the responsibility for an unlawful act..