Legal Analyze of Crimes Against Cat Subjected to Torture

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Open Access at: http://lamlaj.ulm.ac.id/web/

Legal Analyze of Crimes Against Cat Subjected to Torture

Fuadi Isnawan

Faculty of Law Islamic University of Indonesia Jl. Kaliurang Km 14,5 Sleman

Submitted : 19/06/2023 Reviewed: 31/08/2023 Accepted:08/09/2023

Abstract: This research explores the urgency of legal protection and criminal law enforcement for animals, especially cats, which have become an important part of the human environment. Although cats provide social and emotional benefits, they are also often victims of violence and neglect. Legal protection of animals has many urgencies, including preventing criminal acts of violence and ensuring animal welfare. Enforcement of criminal laws against cat torturers is also crucial to provide a deterrent effect and justice for victimized animals. This study aims to analyze the urgency of legal protection and challenges in enforcing criminal law against animals, especially cats. This research was conducted using normative juridical research methods to examine the urgency of animal protection and its law enforcement The result are : the necessity of legal protection for animals, specifically cats, is supported by various factors: ethical duty, the association between animal cruelty like cat torture and various criminal offenses, the need to prevent such cruelty, alignment with societal values, justice for animals, identification of psychopathic traits in cat torturers, and links between cat torture and other criminal activities. Law enforcement involves executing legal measures to impose sanctions and maintain order, primarily through criminal law. Two enforcement models exist:

preventive actions, including enhancing Bhabinkamtibmas’ role in community education, digital campaigns for animal protection, and collaboration with NGOs for awareness campaigns; and repressive measures, encompassing receiving public reports of cat torture, conducting investigations, identifying perpetrators, and subsequently referring cases to prosecutors after investigations are concluded.

Keywords: Crime; Legal Protection; Law Enforcement DOI: 10.32801/lamlaj.v8i2.410

INTRODUCTION

In this modern era, awareness of animal rights has evolved significantly.¹ The legal protection provided is no longer limited to

1 A’an Efendi, “Hak Hewan: Pemikiran, Perbedaan Dan Praktik Di Pengadilan,” Rechtldee Jurnal Hukum 10, no. 2 (2015): 244.

humans but has also been extended to include animals. The concept that animals have feel- ings, suffer, and the right to be treated proper- ly has formed a new legal foundation.² Many countries have adopted laws regulating the

2 Delila Kania et al., “Pentingnya Pengetahuan Perlindungan Hukum Terhadap Hak Azasi Hewan

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treatment of animals, prohibiting cruel treatment, exploitation and torture of animals.³ In addition, these laws also include provisions on appropriate husbandry, proper environment, and protection of endangered species.⁴ Through initiatives such as these, the law now recognizes that we have a moral and ethical responsibility to protect and respect the living beings that share this planet with us, not only those with the ability to speak, but also those who depend on us for their well-being and protection.⁵

However, despite the importance of legal protection and enforcement of criminal laws against animals, including cats, there are still some challenges in its implementation.

Challenges include a lack of public awareness and understanding of the rights of animals. There was news that a video went viral on social media showing a man torturing a cat by hitting it with a piece of wood repeatedly. The man was also seen lifting the cat and violently putting it into a cage. The inci- dent reportedly took place on Jalan Sri Rejeki Timur, Semarang. The police have acted and questioned the man. “We only secure his sta- tus first, and will clarify,” said West Semarang Police Chief, Kompol Dicky Hermansyah, as reported by detikJateng on Saturday (22/4/2023). The perpetrator is known to be a

Peliharaan Bagi Warga Negara Indonesia,” Propatria 6, no. 1 (2023): 57.

3 Piers Beirne and Michael J. Lynch, “On the Geometry of Speciesist Policing: The Federal Bureau of Investigation’s Animal Cruelty Data,” International Journal for Crime, Justice and Social Democracy 12, no. 2 (n.d.): 140.

4 Sabine Brels, The UN-Iversalization of Animal Welfare Law (WellBeing International, n.d.).

5 Sofi Rahma Dewi, “Relasi Hukum Dan Moral Dalam Sistem Penegakan Etika Penyelenggaran Pemilihan Umum Di Indonesia,” Acta Law Journa 1, no. 1 (2022): 42.

resident who lives on Jalan Sri Rejeki Timur and works as a private employee. The perpetrator admitted to torturing the cat because he was annoyed by the cat’s habit of litter- ing. The cat belongs to the perpetrator him- self. “So, this cat defecates in random places, some in the room and some on the terrace, so it makes the perpetrator emotional and finally commits the act of persecution and puts the cat in a cage roughly,” he explained.⁶

This study aims to explore the urgency of legal protection and criminal law enforcement against animals, especially cats. This journal will analyze the importance of legal protection for animals as well as the challenges faced in enforcing criminal law enforcement against cat torturers.

METHOD

This article is conducted using normative juridical research methods to examine the urgency of animal protection and its law enforcement. The method used is a library legal research method. This method was chosen to examine the title and issues to be discussed in this research and to produce comprehensive findings that will be useful. In the normative juridical research method, researchers analyze library materials as the main data source.

(Muhaimin, 2020, p. 45)

ANYLISIS AND DISCUSSION Urgency of Animal Legal Protection

Legal protection refers to the protection provided by law based on the rights and obligations possessed by humans as legal subjects

6 “Viral Pria Pentung Kucing Berkali-Kali Berujung Diperiksa Polisi,” Detiknews (Semarang, April 22, 2023), https://news.detik.com/berita/d-6685719/viral- pria-pentung-kucing-berkali-kali-berujung-diperiksa- polisi.

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in their interactions with fellow humans and their environment. As a legal subject, humans have the rights and obligations to take legal action. According to Muchsin, legal protection related to cat’s torture is a mechanism that protects legal subjects through applicable laws and regulations and law enforcement with sanctions for people that commit to do torture. Legal protection can be divided into two types, namely:⁷

1. Preventive Legal Protection: Protection provided by the government with the aim of preventing violations of the law. This is done through laws and regulations that aim to prevent violations and provide guide- lines or limits in carrying out obligations.

2. Repressive Legal Protection: Repressive legal protection is the final protection provided in the form of sanctions such as fines, imprisonment, or additional penal- ties. These sanctions are imposed when a dispute occurs, or a violation of the law has been committed.

Legal protection can be interpreted as an effort to provide protection to cats as living creatures that have been harmed by others.

The aim is to protect the rights of the individual and ensure that the community can en- joy all the rights that have been guaranteed by law.⁸ In other words, legal protection involves various legal actions that must be carried out by law enforcement officials to create a feel-

7 Safrizal Safrizal, “Perlindungan Hukum Terhadap Satwa Liar (Studi Konflik Gajah Dengan Manusia Di Aceh Timur) Menurut Hukum Pidana Islam” (UIN Ar-Raniry, 2019), 17.

8 Niken Cindy Esya Wardani, Budi Parmono, and Noorhuda Muchsin, “Perlindungan Hukum Terhadap Hak Asasi Hewan Domestik (Kucing Dan Anjing) Dalam Kehidupan Masyarakat Di Beberapa Negara (Indonesia–Amerika Serikat-Turki),” Dinamika 28, no. 3 (2022): 3556.

ing of security, both mentally and physically, from disturbances and various threats that can come from any party. In other words, legal protection includes all legal efforts made by law enforcement officials to provide a sense of security, both mentally and physically, from disturbances and threats originating from various parties.⁹

The protection given to animals is the same as the protection given to humans, because humans and animals are God’s creations in the form of living things that must be equally respected.

Respect for animals, especially cats, is emphasized in the law, both in national laws and international institutions. The respect not only legal protection, but also animal welfare.

Animal welfare was defined for the first time as a priority action area as part of the World Organization for Animal Health (OIE) stra- tegic plan. The OIE Working Group on Ani- mal Welfare was formally established in May 2002. In addition, Article 7.1.2 of chapter VII.1 of the Terrestrial Animal Health Code sets out eight guiding principles for animal welfare, the second of which cites “five inter- nationally recognized freedoms”: ¹⁰

1. freedom from hunger, thirst and malnu- trition;

2. freedom from fear and distress;

3. freedom from physical and thermal dis- comfort;

4. freedom from pain, injury and illness;

9 Nur Rezawati, Moch. Ardi, and Sri Endang Rayung Wulan, “Pertanggungjawaban Hukum Dan Perlindungan Hukum Terhadap Penganiayaan Hewan Peliharaan (Domestik) Di Kota Balikpapan,” Lex Suprema 2 No. 1 (2019): 499.

10E. Bonbon, “A Framework for National Official Assurance Systems with Reference to World Organisation for Animal Health Standards,” Rev. Sci.

Tech. Off. Int. Epiz 39, no. 1 (n.d.): 197.

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and

5. freedom to express normal patterns of behavior.

The five principles relate to animal welfare. According to the Office International des Epizooties (OIE), which is the World Organi- zation for Animal Health, animal welfare can simply be defined as a healthy and prosperous physical and psychological state for animals that interact with humans.¹¹

Even in biomedical research, there are three main principles that must be considered in relation to animal as a form of respect for animals. These principles were proposed by Prof. Drh. Dondin Sajuthi, MST. Ph.D in a Workshop on Bioethics. The three principles are respect, beneficiary, and justice. In addition, in the context of research involving animals, it is also necessary to pay attention to the important basic principles, namely the 3Rs :¹²

1. Respect for animals as life forms and creations of Allah SWT. This means that research should consider reasonable curios- ity, but should also not neglect veterinary justice and sensitivity in the treatment of animals. Examples of behaviors that do not respect the ethical principles of animal research are performing repeated injections or surgeries just to reduce the number of animals used, or using euthanasia drugs that have the potential to cause adverse

11Lilik Prihatini, Mustika Mega Wijaya, and Debby Novanda Romelsen, “Aspek Hukum Pidana Terhadap Penegakan Hukum Perlindungan Hewan Di Indonesia,” PALAR (Pakuan Law Review) 7 No. 2 (2021): 44.

12Yunita Wahyu Medyawati and Mella Ismelina Farma Rahayu, “Analisis Perlindungan Hukum Terhadap Hewan Liar Yang Teraniaya Dan Diperjualbelikan (Studi Kasus: Perdagangan Daging Kucing Dan Anjing Di Pasar Tomohon Sulawesi Utara),” Jurnal Hukum Adigama 4 No. 2 (2021): 3.

side effects to animals just to minimize the budget.

2. Reduction. This principle requires researchers to be more creative in finding data sources. If researchers can obtain the same data without using animals, then there is no reason for them to keep using animals in research. This principle also emphasizes the importance of maximum effort to obtain the expected results from an experiment, so there is no need to add pain to animals and minimize the use of animals in research.

3. Refinement. This principle focuses on laboratory management and the use of tools in research. The aim is to conduct research by ensuring that procedures and equipment use minimize pain and potential stress to research animals. By using better approaches in laboratory management and tool selection, negative effects on the welfare of animals used in research can be avoided or reduced.

Cat torture is an unlawful act, and perpetrators of should be punished accordingly to Indonesian Penal Code. According to R.

Soesilo, in order to be categorized as cat torture, it must be proven that:¹³

1. The person intentionally hurts, injures, or damages the health of an animal.

2. The act is done without proper intent or exceeds the permitted limit.

Cat torture often occurs due to a lack of public awareness about the proper treatment of animals. Cat torture can be divided into

13Alya Maharani, “Tinjauan Yuridis Tentang Penerapan Hukuman Terhadap Pelaku Tindak Pidana Penganiayaan Hewan Yang Menyebabkan Kematian,”

in Pembangunan Hukum Menuju Era Digital Society (Presented at the National Conference For Law Studies, Jakarta: Fakultas Hukum UPN Veteran Jakarta, 2020), 680.

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two forms, namely physical and psychological. Physical abuse of animals includes deliberately hitting or physically injuring animals, letting pets go hungry and thirsty, not taking care of animals to cause skin diseases or other illnesses, always tying up animals, and not providing shelter from rain and heat. Forms of psychological violence against animals include not providing affection so that animals become aggressive, ignoring the needs and health of animals, and confining and tying animals so that they cannot socialize. The impact of human cat torture is animal suffering, lifelong disability, and can even lead to death if the level of abuse reaches intolerable levels. Regardless of the level of violence, cat torture must be legally substantiated, as such acts violate positive law.¹⁴

According to Article 320 paragraph (1) of the Criminal Code (KUHP), a person who commits light torture of an animal is li- able to a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiahs. Light torture of animals occurs when a person intentionally harms or injures an animal, harms its health, or intentionally withholds food necessary for life to an animal wholly or partially in his possession and under his custody, or to an animal which he is obliged to keep, without reasonable cause or beyond reasonable limits.¹⁵

Animal legal protection is important to prevent unnecessary killing, torture, and

14Epifanus Ivan, “Eksistensi Pasl 302 KUHP Terhadap Tindak Pidana Penganiayaan Hewan Di Indonesia,”

Junal Ilmu Hukum UAJY (2013): 8.

15Abdur Rohman, Lulu Septiana Dewi Saripi, and Kumala Lutfiya Asih Pamularsih, “Eksploitasi Satwa Liar Di Indonesia(Telaah Ketentuan Pasal 302 KUHP Dan UU No. 41 Tahun 2014),” Ma’mal: Jurnal Laboratorium Syariah dan Hukum 4, No 01 (2023):

93.

abuse of animals.¹⁶ This includes cats, who are often victims of cruelty and torture. The urgency of animal legal protection, particularly for cats, can be explained by the following reasons:

a. Moral responsibility

Legal protection reflects societal ideals.

The message that animal cruelty is wrong and inconsistent with our shared moral compass is conveyed when regulations are in place to prevent it. In turn, this af- fects societal standards and aids in changing attitudes toward animals, promoting a culture of compassion.¹⁷

Furthermore, stopping specific acts of cruelty is not the extent of our moral obligation. It also entails addressing structural problems like factory farming, habitat de- struction, and neglect that lead to animal suffering. Legal protection acts as a means for addressing these more significant issues, ensuring that our activities are con- sistent with our moral duties to safeguard the welfare of animals.

Legal protection for animals is essentially predicated on the tenet of moral responsibility. It inspires us to take practical steps to defend animals’ rights and dignity, rein- forcing our dedication to a just and com- passionate society for all living things.

b. Animal cruelty like cat torture is linked to a number of crimes, such as crimes against property, crimes against per- sons, and crimes involving drugs or dis- orderly behaviour.

Animal cruelty cases can be investigated, investigated, and prosecuted to help remove dangerous criminals from the streets. The data showing a connection between animal cruelty and aggression

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against people, such as child abuse, do- mestic violence, and other criminal violence, is convincing. The vast majority of the time, violence-filled social environ- ments include other elements in addition to animal cruelty. To find out if and how animal cruelty was related to their growth and behavior, researchers analyzed 50 violent and 50 peaceful convicts. The findings demonstrated that a statistically significant higher percentage of the offenders had engaged in acts of animal cruelty.¹⁸ c. Preventing animal cruelty

Animal abuse is a significant problem that can result in great misery for the animals. Cats frequently endure brutal treatment, including beatings, burnings, and starvation. Such inhumane crimes can be stopped through legal protection, and offenders can be held accountable.¹⁹

d. Reflecting societal values

The pressing importance of legal safe- guards for animals, a category that notably encompasses cats among others, under- scores a reflection of the prevailing societal principles and beliefs. As the general consciousness regarding matters of animal well-being continues to expand, there is a mounting and heightened demand placed upon legislators to enact comprehensive measures aimed at shielding animals from instances of mistreatment and harm.²⁰

18Mogbo Tochukwu, F Oduah, and Daniel Nwankwo,

“Animal Cruelty: A Review,” Journal of Natural Sciences Research 8, no. 3 (2013): 96.

19Heath Grant, Cathryn F Lavery, and Kimberly Spanjol,

“Critical Understandings about Animal Cruelty for Law Enforcement Practitioners,” Journal of Law Enforcement 4, no. 5 (2020): 4.

20Chad Childers, “Extending Animal Cruelty Protections to Scientific Research,” Voices in Bioethics 8 (2022):

2.

e. Ensuring justice for animals

Legal protection plays a pivotal role in es- tablishing a framework that upholds justice for animals that have unfortunately fallen victim to acts of cruelty or abuse.

This framework encompasses a range of measures aimed at deterring and addressing such actions comprehensively.

Among these measures are the potential imposition of fines or even incarceration upon individuals found responsible for inflicting harm upon animals. By attaching tangible consequences to such behavior, the legal system aims to dissuade potential wrongdoers and create a safer environment for animals.

Furthermore, a crucial aspect of this legal safeguarding involves ensuring that the animals who have suffered receive appropriate compensation and care. This can involve various forms of restitution, rang- ing from medical attention and rehabilitation for physical injuries to facilitating adoption or placement in suitable habitats for animals that have been rescued from abusive situations. By emphasizing not only punitive measures for wrongdoers but also rehabilitation and care for the victims, the legal system strives to strike a balance between accountability and compassion.²¹

The concept of legal protection for animals encompasses a multifaceted approach that not only seeks to hold perpetrators accountable but also aims to restore the dignity and well-being of the animals affected. As public awareness and con- cern for animal welfare continue to grow,

21Novak Krstić, “Animal Protection From Killing And Abuse In The European And Serbian Criminal Law,”

44.

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the need for robust legal frameworks becomes increasingly evident, reflecting society’s evolving values and commitment to ensuring a just and humane treatment of animals.

f. People that torture cat indicate that person has psychopathic traits.

Cat torture crimes must be dealt with firmly by law enforcement because if left unchecked, cat torturers can roam freely and cause negative impacts on humans.

Several cases have shown that people who habitually commit crimes against animals, such as abuse and murder, are more likely to do the same to their fellow humans. According to Dr. Philip Kavana- gh and his colleagues, cat torture can also indicate that a person has the Dark Triad traits (Machiavellianism, narcissism, and psychopathy). Dr. Philip Kavanagh stated in his research that psychopathic traits are associated with a person’s intention to intentionally harm animals. Cases such as Jeffrey Dahmer, who started his murder- ous career by killing animals in his childhood, show such tendencies. Mary Bell, a child killer, also admitted that she had strangled a pigeon to death as a child.

Childhood cat torture tends to produce adult individuals with Dark Triad types, particularly psychopathy. Cat torture can also be an indicator of a person suffering from Antisocial Personality Disorder, which is a personality disorder that makes the sufferer indifferent to prevailing norms.

The Dark Triad and Antisocial Personal- ity Disorder can lead to a tendency to not only harm animals, but also humans without feeling sympathy or empathy. Anoth- er study conducted by the Massachusetts Society for the Prevention of Cruelty to

Animals (MSPCA) and Northeastern Uni- versity, USA, showed that in 1995, 71%

of women who were victims of beatings by their partners had a history of abusing pets at home. Frank Ascione, a researcher, also looked at the criminal records of 153 criminals in Massachusetts who were ex- amined by the MSPCA between 1975 and 1986 for animal cruelty. From the study, it was found that people who committed animal cruelty also had felony records for violence, property crimes, drugs, or disorderly conduct, both 10 years before and 10 years after committing cat torture.

Thus, it is important for law enforcement to take cat torture cases seriously to prevent its negative impact on society.²² g. Cat torture related to another criminal

act.Serial killers and school shooters, who commit acts of severe violence, nearly always have a history of mistreating animals. Heinous acts of animal cruelty were performed by Ted Bunn, Jeffery Dahmer, Albert DeSalvo (the admitted

“Boston Strangler”), and numerous other criminals. In a research that is frequently quoted, 46 percent of the 36 convicted multiple murderers who were questioned confessed to torturing animals while still minors based on Cohen. Additionally, it has been revealed that more than half of the school shooters whose bloody spree made headlines around the country in the late 1990s were known to repeatedly torture animals.²³

22Jonathan Toar Mampow, “Suatu Kajian Atas Tindak Pidana Kejahatan Terhadap Hewan Berdasarkan Peraturan Perundang - Undangan,” Lex Administratum 5 No. 2 (2017): 153.

23Mogbo Tochukwu, F Oduah, and Daniel Nwankwo,

“Animal Cruelty: A Review,” 96.

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Criminal Law Enforcement Against Cat Torture

According to Bambang Poernomo, criminal law includes legal rules that provide the authority to threaten with punishment, deter- mine decisions, and carry out criminal penal- ties that are only enforced by the state or officials appointed for that. A criminal offense is an act prohibited by law and followed by the threat of certain criminal sanctions for anyone who violates the prohibition. According to Simon, the elements of a criminal offense or Strafbaar Feit are as follows: human action (positive or negative), which does or does not do something or allows it; threatened with punishment; contrary to the law; committed with fault; committed by a person who has the ability to be responsible.²⁴

The purpose of criminal law is to protect individual interests and human rights as well as society. In Indonesia, the purpose of criminal law must be in line with the philosophy of Pancasila which aims to provide justice for all citizens. Thus, criminal law in Indonesia aims to protect all Indonesian people. There are two main objectives in criminal law, namely:²⁵ 1. The purpose of criminal law as a sanction

law.

This objective is conceptual or philosophi- cal in nature that sets the basis for criminal sanctions. This includes the types of forms and criminal sanctions and becomes a parameter in the settlement of criminal offenses. This objective may not be explic-

24Benny Karya Limantara and Eko Soponyono,

“Kebijakan Hukum Pidana Sebagai Upaya Penanggulangan Tindak Pidana Satwa Yang Dilindungi Di Indonesia,” Jurnal Law Reform 10 No.

1 (2014): 3.

25Prihatini, Wijaya, and Romelsen, “Aspek Hukum Pidana Terhadap Penegakan Hukum Perlindungan Hewan Di Indonesia,” 45.

itly stated in the articles of criminal law, but can be understood from all provisions of criminal law or general explanation.

2. The purpose of imposing criminal sanctions against violators of criminal law.

This objective is pragmatic in nature with clear, concrete, and relevant measures to the problems arising from violations of criminal law and the people who commit these violations. This objective is the implementation of the first objective.

Law enforcement can be interpreted as the implementation of the law by law enforcement officers and by individuals who have interests in accordance with their authority in accordance with applicable laws. Criminal law enforcement is part of a process that involves investigation, arrest, detention, trial of defendants, and finally criminal corrections.

Criminal law enforcement is the implementation of criminal regulations. Therefore, law enforcement is a system that involves alignment between values and norms, as well as real human behavior. The norms become a guide or guideline for behavior or actions that are considered appropriate or feasible. The purpose of such behavior or action is to create, maintain, and sustain peace.²⁶

The articles on cat torture in the Criminal Code are listed in Article 302 of the Criminal Code which reads as follows:²⁷

(1) A maximum imprisonment of three months or a maximum fine of three hundred Ru- piahs shall be imposed for light torture of animals:

1) Any person who without reasonable

26Widya Dika Chandra and Pudji Astuti, “Penegakan Hukum Pasal 302 KUHP Tentang Penganiayaan Terhadap Hewan Di Kota Surakarta,” Novum 5 No.4 (2018): 4.

27Duwi Handoko, Kitab Undang - Undang Hukum Pidana (Pekanbaru: Hawa dan Ahwa, 2018), 68.

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cause or in an excessive manner, with deliberate intent inflicts harm or injury on an animal or causes damage to its health;

2) Any person who without reasonable objective or by exceeding the limit nec- essary for the achievement of such ob- jective, with deliberate intent deprives an animal which wholly or partially belongs to him and is under his supervi- sion, or an animal which he is obliged to keep, of food necessary for life.

(1) If the fact results in an illness of more than one week, or in disablement or other serious injury, or in death, the offender shall be punished by a maximum impris- onment of nine months or a maximum fine of three hundred rupiahs for torture of animals.

(2) If the animal belongs to the offender, it may be forfeited.

(3) Attempt to commit the crime shall not be punished.

Article 320 paragraph (1) of the Criminal Code also states that perpetrators who commit light torture of animals may be sentenced to a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiahs. Such torture is committed intentionally, without proper purpose or in excess of the limit, such as hurting or injuring the animal, harming its health, or failing to provide food necessary for life to an animal in his possession or under his supervision, or to an animal that he is obliged to keep. If the acts of torture described above result in illness for more than one week, disability, serious injuries, or death, then the perpetrator can be punished with imprisonment for a maximum of nine months or a maximum fine of three hundred rupiahs under Article 302 paragraph (2)

of the Criminal Code. The article also states that if the victimized animal is owned by the perpetrator, then the animal can be confiscat- ed by the state..²⁸

The elements of light torture of cats in Ar- ticle 302 paragraph (1) of the Criminal Code, which is punishable with a maximum imprisonment of 3 months or a maximum fine of Rp4,500, as explained by S.R. Sianturi, are as follows:²⁹

1. Subject element: any person;

2. Element of fault: intentionally;

3. Unlawful element: without a valid reason or exceeding the permissible limit;

4. Element of action: harming, injuring, or harming the health of the animal, or not providing the necessities of life required for life.

The first element is the element of whoever.

The element “whoever” refers to the perpetrator or subject of a criminal offense. The word indicates that anyone can be the perpetrator or subject of a criminal offense. However, the Criminal Code limits the perpetrators or subjects of criminal acts only to humans, as stated by Teguh Prasetyo that, “the formula- tion of criminal acts in the Second and Third Books of the Criminal Code usually begins with the word whoever. This implies that the person who can commit a criminal offense or the subject of a criminal offense is gener- ally a human being”. Thus, the word “whoever” also indicates that only humans can be perpetrators or subjects of criminal acts, and any human being can be a perpetrator or sub-

28Rohman, Saripi, and Pamularsih, “Eksploitasi Satwa Liar Di Indonesia(Telaah Ketentuan Pasal 302 KUHP Dan UU No. 41 Tahun 2014),” 93.

29Jeremia Pinontoan, Roy Ronny Lembong, and Harly S. Muaja, “Penganiayaan Hewan (Pasal 302, 540, 541, 544 KUHP) Sebagai Delik Terhadap Perasaan Kepatutan,” Lex Administratum 9 No. 4 (2021): 216.

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ject of criminal acts. However, legal entities or corporations are not perpetrators/subjects of criminal offenses in the current Criminal Code system. Regarding the subject or perpetrator of criminal offense in Article 302 of the Criminal Code, S.R. Sianturi provides a special note regarding the subject or perpetrator in the second paragraph (1). There are restrictions on the subject/perpetrator in question, namely that the perpetrator is also the owner of the animal in whole or in part and is in his/her custody. If the animal is owned by the perpetrator but entrusted to his neigh- bor, then if the perpetrator harms the animal, the first paragraph (1) applies; because the first paragraph (1) does not question who the owner is. Or the perpetrator is not the actual owner of the animal, but because it was entrusted or handed over to him or he found the animal and took care of it, then he is obliged to maintain the animal on an ongoing basis.

When that obligation ends is in many ways determined by the discretion of the judge.

It was noted earlier by S.R. Sianturi that in the second paragraph (1) of Article 302, it is emphasized that the animal “wholly or partly belongs to him and is under his custody, or to an animal which he is obliged to keep”. Thus, the animal in the second paragraph (1) of Ar- ticle 302 of the Criminal Code is an animal that wholly or partially belongs to him and is under his supervision, or an animal that he is obliged to keep (for example because it is entrusted by the owner).³⁰

The second element is the element of guilt:

intentionally. According to the explanation provided in the Explanatory Memorandum (M.v.T.), intentionality can be defined as the

30Pinontoan, Lembong, and Muaja, “Penganiayaan Hewan (Pasal 302, 540, 541, 544 KUHP) Sebagai Delik Terhadap Perasaan Kepatutan,” 218.

will and understanding that accompany the occurrence of an act or action and its consequences. In this case, a person who intentionally commits an act or action must have willed the act or action to occur and be aware of all the consequences that will occur as a result of the act or action. From the point of view of the formation of intent, intent can be interpreted as the will or desire to carry out an action driven by the fulfillment of passion.

This intent is directed towards a particular action or deed.³¹

The third element is the unlawful element: without a legitimate reason or exceeding the permissible limit. Based on the view of unlawfulness, the doctrine distinguishes between formal and material unlawfulness.

Formal unlawful acts refer to acts that have been regulated in law, so the basis is written law. Meanwhile, material tort is an act that can be considered unlawful even though it has not been regulated in law. Its foundation is the general principles that exist in the field of law. In this context, it can be concluded that unlawfulness does not only include for- male wederrechtelijkheid (against the law formally) which is recognized, but also ma- teriele wederrechtelijkheid (against the law materially) is also taken into account. This is done to accommodate customary law that still applies in some regions and is mostly un- written. From this, it can be seen that there is a principle of balance between formal standards (legal certainty) and material standards (the value of justice), where in concrete cases the two interact with each other. According to Andi Hamzah in his book entitled “Principles of Criminal Law” in 2014, against the law in the formal sense is defined as contrary to the

31Takdir Takdir, Mengenal Hukum Pidana (Laskar Perubahan, 2013), 71.

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law. If an act is in accordance with the formu- lation of the offense, it is usually considered formally against the law. Meanwhile, against the material law only has a negative meaning, namely if there is no against the law (material), then it is a justification. In the imposition of punishment, the principle of against the formal law must be applied, which means contrary to written positive law, on the grounds of nullum crimen sine lege stricta (there is no crime without a clear law) as stated in Article 1 paragraph (1) of the Criminal Code. In the opinion of Satochi Kartanegara, “against the law” (Wederrechtelijk) in criminal law can be divided into formal wederrechtelijk and material wederrechtelijk. Formal wederrechtelijk occurs when an act is prohibited and threatened with punishment by law. Meanwhile, material wederrechtelijk is an act that “may”

violate the law, even though it is not expressly prohibited and threatened with punishment by law. In addition, it also involves general principles that exist in the field of law (algemen beginsel).³² This element is explained by S.R.

Sianturi as follows: Whether or not an act has a proper purpose, or whether it exceeds the permissible limits to achieve that purpose, in legal practice often depends on the judgment and discretion of the judge. However, in comparison, acts such as skinning a living rabbit, whipping a load horse, or pulling a very tired andong horse must be considered without a proper purpose or exceeding the limit. However, “harming” in the context of scientific research (vivi sectie), accelerating growth (cutting off the tail of a goldfish), or

32Indah Sari, “Perbuatan Melawan Hukum (PMH) Dalam Hukum Pidana Dan Hukum Perdata,”

Jurnal Ilmiah Hukum Dirgantara–Fakultas Hukum Universitas Dirgantara Marsekal Suryadarma 1 No.

1 (2020): 62.

to beautify an animal (cutting off the tail of a dog or horse), and so on, are not acts without a proper purpose. Likewise, “hurting” a buffalo or cow in the context of a traditional ceremony, at least in customary law areas, can still be considered to have a worthy purpose, although changes are expected for the future.

According to S.R. Sianturi, whether an act has a proper purpose or exceeds the permissible limit, much depends on the judgment and discretion of the judge. This opinion is also stated by R. Soesilo, that “on this matter, each case must be assessed individually and the decision rests with the judge”.”.³³

The fourth element is the act of harming, injuring, or adversely affecting the health of the animal, or not providing it with the necessities of life. Causing pain, injury, producing suffering, and negatively affecting health are the results that arise and are the reasons why the act is regulated and prohibited by law.

Acts of cat torture prohibited by law include inflicting pain, cruel, violent, unusual injury to animals, and withholding proper food and water to cause suffering. The impact and harm caused by the prohibited acts proves that the element that is a consequence of a criminal act is an absolute requirement to fulfill the element of an unlawful act.³⁴

Lamintang explained about proving the intention of the perpetrator in committing the offense as regulated in Article 302 of the Criminal Code. According to him, in the trial that tries the perpetrator, both the public prosecutor and the judge must be able to

33Pinontoan, Lembong, and Muaja, “Penganiayaan Hewan (Pasal 302, 540, 541, 544 KUHP) Sebagai Delik Terhadap Perasaan Kepatutan,” 218.

34Yudi Kornelis Verlina, “Pertanggungjawaban Pelaku Tindak Kekerasan Pada Hewan: Kajian Hukum Perspektif Hukum Pidana,” Jurnal Supremasi : Jurnal Ilmiah Ilmu Hukum Volume 13 Nomor 1 (2023): 121.

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prove these things, namely the existence of the perpetrator’s intention to cause pain, the existence of the perpetrator’s intention to cause injury, the existence of the perpetrator’s intention to harm animal health and the existence of the perpetrator’s knowledge that his actions are directed at animals. If one of the intentions and knowledge of the perpetrator cannot be proven, then there is no reason for the public prosecutor and the judge to declare that the perpetrator intentionally fulfills the element of intentionality contained in Article 302 of the Criminal Code, and the judge must decide to acquit the perpetrator. According to Simons, what needs to be proven in establish- ing the perpetrator as a perpetrator of animal cruelty is the perpetrator’s intent in causing pain or injury to the animal or harming the health of the animal.³⁵

When viewed further in the Criminal Code (KUHP) which regulates the torture of animals,especially cat namely Article 302 of the Criminal Code, it can be said that Indo- nesia is basically a country that upholds the protection of animals. Violations of cat torture cannot be separated from legal protection of animal health and welfare, especially in the form of criminal sanctions. Therefore, law enforcement should pay attention to this and carry out their responsibilities in protecting animals. Cat torture can be divided into two forms, namely physical and psychological.

Physical torture of animals includes actions such as deliberately hitting or hurting the animal’s body, allowing the animal to starve and thirst, not taking care of the animal causing skin diseases or internal diseases, always tying up the animal, and not providing shelter

35Mampow, “Suatu Kajian Atas Tindak Pidana Kejahatan Terhadap Hewan Berdasarkan Peraturan Perundang - Undangan,” 152.

from rain and heat. Psychological torture of animals includes actions such as not providing affection so that animals become aggressive, often ignoring the needs and health of animals, and confining and tying animals so that they cannot socialize. The consequences of human violence against animals can cause suffering, lifelong disability, and even death if the violence reaches intolerable levels.³⁶

Torture of animals, even if it is in a mild form, must still be legally proven as it violates the applicable law. If legal action is not taken against cat torture, it is tantamount to legaliz- ing cat torture in Indonesia.³⁷ The previously described provisions can easily be applied if an individual sells and mistreats a cat, even to the point of causing the cat’s death. In a book entitled Criminal Code accompanied by a complete article-by-article commentary com- piled by R. Soesilo, it is explained that paragraph (1) refers to light torture of animals, in this case cats. The article can be proven if :³⁸ 1) A person knowingly or willfully injures,

harms or damages the health of an animal.

2) The act is done for a reasonable purpose or beyond the permissible limit.

3) Intentionally fails to feed or water the animal with the intention of causing suffering.

4) The animal partly or wholly belongs to the

36Zannuba Qamariah et al., “Tindak Pidana Penganiayaan Terhadap Hewan Perspektif Fikih Jinayah,” TARUNALAW: Journal of Law and Syariah 1 No. 1 (2023): 113.

37Anak Agung Ngurah Bayu Kresna Wardana and I Gusti Ayu Agung Ari Krisnawati, “Penjatuhan Hukuman Untuk Pelaku Tindak Pidana Penganiayaan Hewan,” Kertha Wicara : Journal Ilmu Hukum 5 No.

6 (2016): 3.

38I Made Bramastra De Putra, I Nyoman Gede Sugiartha, and I Putu Gede Seputra, “Pertanggungjawaban Pidana Terhadap Pelaku Penjualan Daging Anjing Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999,” Jurnal Interpretasi Hukum Vol. 2, No. 2 (2021): 413.

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person, is in his/her custody, or is subject to his/her care.

5) The act is done without a reasonable purpose or exceeds the permitted limit.

Based on the explanation from R. Soesilo, it can be understood that the animals referred to in the Criminal Code are animals in general that are not rare or protected by the state.

Therefore, cats are included in this article.

Thus, it can be said that certain individuals who mistreat cats in a cruel way, can be punished with a maximum prison sentence of 9 months or a maximum fine of 300 Rupiah..³⁹

In the context of law enforcement against cat torture, there are various efforts that can be taken with preventive, repressive, and curative approaches to prevent, take action, and overcome cruel acts against these animals.

Preventive law enforcement in the enforcement of criminal laws against cat abuse involves efforts to prevent acts of abuse from occurring in the first place. This approach recognizes the importance of education, public awareness, and attitude change to prevent animal abuse, especially cats. Here are some key points in the preventive approach. The preventive approach includes:

a. Optimizing the Role of Bhabinkamtibmas in Community Education

Community education on legal awareness by Bhabinkamtibmas on the rights and protection of animals, including cats, plays a vital role in building a community that cares about animal welfare. With a better understanding of the regulations that protect animals from abuse, communities

39 De Putra, Sugiartha, and Seputra, “Pertanggungjawaban Pidana Terhadap Pelaku Penjualan Daging Anjing Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999,”

414.

can take wiser steps in ensuring that animals, including cats that are often family members, are not subjected to abuse or neglect. This education helps people to recognize the basic rights of animals and understand the legal consequences of abuse.

Furthermore, this legal awareness empow- ers people to take an active role in reporting abuse, ensuring that violations of the law do not go unpunished, and ultimately, shaping an environment where every animal can live safely, prosperously, and with respect.⁴⁰

b. Digital Campaign for Animal Protection A digital campaign is an activity where a specific idea or message is delivered through a digital platform with a specific purpose over a period of time. Digital campaigns are a very practical way to spread messages to audiences, given that almost everyone is familiar with technology and has access to social media platforms to interact. The digital campaign approach is considered to be very effective because the dissemination process is fast, and the costs required are minimal. Ideas or information can be easily forwarded through digital media thanks to its wide reach and ability to be accessed at any time.⁴¹

Campaigns to protect animals, especially cats, from torture play a crucial role in building public legal awareness and changing the paradigm of animal treat-

40Lynette J. Chua and David M. Engel, “Legal Consciousness Reconsidered,” Annual Reviews 15 (2019).

41Vanessa Bella Juliet Arianita, Fitria Widiyani Roosinda, and Julyanto Ekantoro, “Kampanye Digital Pada Instagram Perhumas_Indonesia Melalui #IndonesiaBicaraBaik Dalam Mewujudkan Masyarakat 5.0,” Jurnal Intelektual Administrasi Publik dan Ilmu Komunikasi 8, no. 2 (2020): 114.

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quences for torturers. On the other hand, NGOs can provide data and information obtained from the field to the police, help- ing them to take quick and appropriate action in handling cases of abuse.⁴³

This cooperation can also enable the organization of joint educational campaigns, such as seminars, workshops and public events. The police, with their authority, can lend support and legitimacy to such campaigns, while NGOs provide resources and expertise on animal protection issues.

As a result, the public will be more recep- tive to and understand messages about cat rights and the need to prevent torture.⁴⁴

With close collaboration between the police and NGOs, it is hoped that there will be a cultural shift and public awareness about the importance of protecting animals, including cats, from cruel treatment. This will not only help prevent cases of abuse, but will also shape a safer, more prosperous and caring environment for all living beings.

Repressive enforcement of laws against cat abuse is a crucial approach in ensuring justice for these vulnerable creatures. In addition, repressive enforcement also serves as a form of justice for defenseless cats, providing them with protection and respect for their dignity.

Through these efforts, people are reminded of the moral obligation not to harm animals and that violations of animal protection laws will lead to serious consequences. Repressive law

43Zuhriatu Mahmudah, “Peran LSM Dalam Penanganan Korban Kekerasan Seksual,” Jurnal Kebijakan Publik 14, no. 2 (2023): 221.

44Ari Ganjar Herdiansah and Randi, “Peran Organisasi Masyarakat (Ormas) Dan Lembaga Swadaya Masyarakat (LSM) Dalam Menopang Pembangunan Di Indonesia,” SOSIOGLOBAL Jurnal Pemikiran dan Penelitian Sosiologi 1, no. 1 (2016): 51.

ment. Cats, as one of the most common pets, are often the unwitting victims of abuse. This campaign is needed to guide the public in recognizing the signs of cat abuse and provide in-depth information on animal rights. In addition, the campaign also aims to inspire a collective sense of empathy and responsibility towards these vulnerable creatures.

By providing better knowledge about abusive behaviors that may be difficult to recognize, the animal protection campaign encourages people to play an active role in preventing such acts. In addition, the campaign encourages community involve- ment in reporting cases of abuse, so that law enforcement can take appropriate action in accordance with applicable animal protection laws. Through an educational approach, the campaign also helps change the mindset that animals, including cats, are creatures that have the right to live free from torture and cruel treatment. In doing so, the animal protection campaign creates an environment where animals, including cats, can live with dignity and well-being, in line with the moral and ethical values upheld by society.⁴²

c. Work with NGOs to raise awareness of animal rights

Through this partnership, police can receive training and information from NGOs on how to identify signs of animal torture, including in cats. They can also gain a deeper understanding of the importance of animal protection and the legal conse-

42Priska Devi Alvita, “Representasi Animal Curelty Pada Praktik Animal Testing (Analisis Isi Kualitatif Mengenai Animal Cruelty Pada Praktik Animal Testing Dalam Kampanye Film Pendek #Saveralph Oleh Humane Society International),” Jurnal UAJY (2022): 17.

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enforcement includes:

a. Receive reports from the public on cat torture

In relation to this crime, according to Article 108 of the Criminal Procedure Code (KUHAP), there are individuals or parties who have the responsibility and right to file a report. This includes:⁴⁵ 1) Any person who has experienced,

witnessed, or been a victim of such criminal offense, including the owner of his/her pet cat has the right to file a report or complaint to the investigator or investigator, either orally or in writing.

2) Any person who is aware of a mali- cious plan to commit cat torture that threatens public peace and security, life, or property, is required to imme- diately report it to the investigator or investigator.

b. Conduct investigations into reports of criminal acts

Investigations related to cat torture are conducted based on reports and investigation warrants. If there is information about an alleged criminal offense of cat torture, the first step is the creation of an information report. An investigation can be initiated based on this information even before a formal report or complaint, with permission through a warrant. In an effort to gather strong evidence and information related to cat torture cases, investigation activities will involve a range of methods, such as crime scene process- ing, observation, interviewing, stalk-

45Sri Wulandari, “Fungsi Laporan Dan Pengaduan Masyarakat Bagi Penyidik Dalam Mengungkap Kejahatan,” Serat Acitya 2, no. 3 (2014): 78.

ing, undercover, covert purchase, su- pervised surrender, tracing, and docu- ment research and analysis. This approach aims to collect strong evidence so that legal repressive actions against perpetrators of cat abuse can be carried out with a strong foundation and can be carried out in accordance with applicable legal provisions.⁴⁶

c. Investigate the perpetrators

The preliminary examination in the context of cat torture is an essential early stage in the process of resolving a criminal case. It is the foundation that will form the basis for the charges and decisions to be made by prosecutors and judges. In a cat torture situation, the preliminary examination process conducted by the investigator has the primary objective of uncovering the material truth of the case. This goal is key so that the decision made later can be based on accurate and valid facts.⁴⁷

The concept of investigation relating to the disclosure of crimes and offenses, as stipulated in article 39 HIR, is very relevant in the context of animal abuse, including cats. Likewise, the definition of investigation in article 1 point 2 of the Criminal Procedure Code, which confirms that investigation involves a series of actions by investigators to gather evidence that will help construct a picture of the crime that occurred and identify potential suspects. In the context of cat torture, these investigations play an important role in identifying the perpetrators of torture,

46Edi Saputra Hasibuan, “Mengenal Proses Hukum Dalam Kepolisian,” Justicia Sains: Jurnal Ilmu Hukum 5, no. 2 (2020): 205.

47Erly Pangestuti, “Tugas Penyidik Di Dalam Melaksanakan Pemeriksaan Terhadap Tersangka Residivis,” Yustitiabelen 6, no. 2 (2020): 80.

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gathering evidence that will form the basis for prosecution, and ensuring that repressive measures taken by the criminal justice system are in accordance with the truth discovered in the preliminary examination process.

d. Submitting the case to the Prosecu- tor’s Office after the investigation is complete

Once the investigator has com- pleted the investigation stage of cat torture, the next step is to submit the investigation case file to the Public Prosecutor for review. While the case file is being scrutinized by the Public Prosecutor, they will carefully examine whether all the necessary information and evidence has been collected in the case file. If the results show that the case file is complete, the Public Prosecutor will notify the investigator in writing via a P-21 form. This indicates that the case file is ready for the next stage. However, if it turns out that there are still deficiencies in the case file, the investigator will be notified via a P-18 form accompanied by in- structions regarding these deficiencies in the case file. In this case, the investigator has the opportunity to consult on the deficiencies. Thus, this consul- tation process is an opportunity for the investigator to ensure that all necessary information in the cat torture case has been collected completely.

With this process in place, it is hoped that the next stage of cat torture law enforcement can run more efficiently and smoothly, in an effort to ensure that justice is served without taking

too long.⁴⁸ CONCLUSION

The conclusions derived from this paper include cat torture is unlawful and should be punished accordingly. The urgency of animal legal protection, particularly for cats, can be explained by the following reasons: moral responsibility, animal cruelty like cat torture is linked to a number of crimes, such as crimes against property, crimes against persons, and crimes involving drugs or disorderly behavior, preventing animal cruelty, reflecting societal values, ensuring justice for animals, people that torture cat indicate that person has psychopathic traits and cat torture related to another criminal act.

Law enforcement is the implementation of legal means to enforce legal sanctions and maintain order in accordance with established provisions. Criminal law is a form of legal regulation used to address crime in society.

There are two models of law enforcement, preventive and repressive. The preventive is: optimizing the role of Bhabinkamtibmas in community education, digital campaign for animal protection and work with NGO to raise awareness of animal rights. the repressive are: receive reports from the public on cat torture, conduct investigations into reports of criminal acts, investigate the perpetrators and submitting the case to the prosecutor’s office after the investigation is complete.

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