CRIMINAL LAW POLICY IN THE PROTECTION OF WHALE MAMMALS IN LEMBATA DISTRICT

Abstract

The Pope's arrest ceremony by the Lamalera indigenous people in Lembata Regency was preceded by a
number of traditional rituals of the Lamalera area carried out by traditional leaders called Lamafa. This is caused
by the number of whale mammals in sea waters that have begun to diminish and approach extinction. This is the
reason behind the author's writing about "Criminal Law Policy in Whale Mammal Protection in Lembata
District", which is a normative juridical text to answer 1) what is the policy of Pope Mammal arrest according to
the Lamalera indigenous people; and 2) whether the Whale Mammal arrests carried out by the Lamalera
indigenous people in Lembata District do not conflict with Indonesia's national legal policies. Based on research
in the field, it was found that first, the capture of whale mammals by the indigenous people of Lamalera in
Lembata Regency was designated as an intangible cultural heritage (WBTB), with criterion 1) Pope Mammal
capture should not violate existing legal provisions, namely Whale Mammals females may not be stabbed, nor
do they catch the Whale Mammals in protected zonanisai sea (prohibited); 2) if there are found to be people who
violate the regulations as mentioned in the first point, then law enforcement officials must carry out criminal
prosecution for the intended violation. Second, the capture of whale mammals carried out by indigenous people
in Lamalera in Lembata Regency is contrary to the provisions of Indonesian criminal law, but is permissible as
an intangible cultural heritage (WBTB), as long as it adheres to the two criteria above.
Keywords: criminal policy; protection; mammals