The Role of the Natural Resources Conservation Agency (BKSDA) in the Legal Protection of Elephant Animals in Aceh Jaya Regency

This research and study aim to find and develop theories about justice, the role, and the protection of the law. Where the researcher develops a conception of the legal area that guarantees justice, carries out the role according to the authority based on the applicable provisions so that the realization of legal protection for animals is protected by the state. This type of research is empirical legal research, using a sociological approach to law. The data sources are secondary data in the form of primary legal materials, secondary legal materials, and tertiary (supporting) legal materials. The data obtained, both from primary, secondary, tertiary legal materials, as well as information from experts or academics, the data analysis was carried out with a qualitative and quantitative approach, namely content analysis and analysis of numbers and then explanations. This study shows that First, legal protection against elephants in the jurisdiction of Aceh Jaya Regency, which is based on Qanun Number 11 of 2019 concerning Wildlife Management. This protection is guaranteed in every area in Aceh, especially in Aceh Jaya District, where the Government is directly involved in dealing with issues regarding elephant conflicts. Second, the role of BKSDA Aceh Province, Aceh Jaya Regency in the protection of elephant animals, which is by applicable laws and regulations. However, this role has not been maximized in its implementation, where there are obstacles and obstacles in carrying out the duties and roles of the BKSDA.


Introduction
Aceh has a forest area of about 3,557,928 hectares. This area is based on the De- hectares, and convertible forests covering an area of 15,409 hectares (Hanafiah, 2019).
The conflict between the community and elephants is a conflict that often occurs and threatens the existence of elephants. Elephants are some of the animals that get their food mostly from the forest area. Elephants need the existence of the forest as a place to live and breed. Deforestation that continues to occur is increasingly threatening the lives of wild animals, including the Sumatran elephant whose habitat continues to be damaged either by narrowing or fragmentation, due to the conversion of forests into plantations and industrial forest plantations. Conflict management in the forestry sector needs to be a lesson for all parties, it is time for the government to pay attention to conflict management as one of the requirements in forest management (Wulan et al., 2004). Elephants are increasingly threatened because of high pressure and disturbance and lack of knowledge about how elephants live in their natural habitat, to be a reference for managing elephants' natural habitats.
Elephants are wild animals that are feared to be extinct, so they have been of- This can be seen in several cases that occurred in Aceh Jaya District, including in July 2008 in Pantee Kuyun Village near SP-II Transmigration Settlement Unit (UPT) Pate, Sampoiniet District, 20 elephants ransacked rubber, banana, and oil palm plantations but attacked farmers, who live around the plantation area (Kompas.com). Then also in November 2014 in Panga Pucok Village, Panga District, there were cases of 10 elephants running amok and destroying residents' gardens (merdeka.com). So that the existence of some of these cases can be troubling to residents and can lead to negative attitudes and thoughts for the community itself.
On the other hand, there was also a case in the form of January 2020 the death of two elephants, while the alleged death was caused by an electric current, an electric fence was found with a height of about 1.5 meters, in an oil palm plantation area belonging to the community in Tuwi Pria Village, Pasie Raya District, Aceh Jaya Regency (Permana, 2020).
This case is still in the investigation stage, to find out the truth about the cause of death of the elephant found dead or there are other causes involved individual intervention. This is the task of the local government that handles it. Meanwhile, there was also a case in 2013 in Ranto Sabon Village, Sampoinet District, Aceh Jaya Regency, where elephants were killed and their tusks were taken to be traded (Rini, 2013). However, this case has been processed in the Calang District Court with 13 perpetrators committing the crime of killing protected elephant wildlife and these actions were carried out together.
It is said that in the 2013 case, the perpetrators were sentenced to imprisonment for 6 (six) months and each of them was fined IDR 10,000,000 (Ten Million Rupiah) with a subsidiary of 1 (one) month in prison. There is confusion in the decision with the low punishment given. Meanwhile, based on Article 40 of the criminal provisions in Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Ecosystems, the minimum sentence given is 1 (one) year in prison and a minimum fine of IDR 50,000,000 (fifty million rupiahs).
The task that is neglected by the Provincial and City District BKSDA is not to carry out routine-scale monitoring every time and to maintain elephant habitat in Aceh through programs implemented by the Elephant Conservation Center (PKG), as well as tackling elephant poaching that often occurs in the forests of Aceh Regency, Jaya, so that the role of the Aceh Jaya Regency BKSDA is not seen ideally.
When viewed from the side of the actions and punishments given to the perpetrators are not commensurate with the circumstances that occurred. This injustice can be seen from the results that the perpetrators obtained were not comparable to the fines that the perpetrators received sanctions from the Court. So there is a value of social justice that tends to be sidelined. Therefore, it is interesting for researchers to carry out this research further. On the other hand, researchers also want to examine the role of BKSDA in protecting animals in conservation areas and also the role of BKSDA as an institution that is trusted to be one of the considerations in giving testimony in court.
This research aims to know and explain the legal protection provided by the government to elephant animals in the jurisdiction of Aceh Jaya Regency and to know and explain the role of BKSDA in the legal protection of elephant animals in the jurisdiction of Aceh Jaya Regency.

Research Methodology
Research is aimed and oriented to solve problems. Therefore, a certain method or method is needed in the process of achieving it, so that the results are by the expected goals. Hassan and Koentjaraningrat (YLBHI, 2013) stated that method means a way of working to understand an object that is the target of certain knowledge. The methodology is chosen by considering its suitability with the object of study. In principle, a methodology is a way of working to understand the object of a study.
This study uses a legal sociology approach, which is an approach that analyzes how reactions and interactions occur when the norm system works in society (Salim & Nurbani, 2017). And besides that too the research approach used in this research is qualitative. Qualitative methods are research procedures that produce descriptive data in written or spoken words from people and observed behavior (Nufiar & Ali, 2020). Enumerators were selected from each participating village and trained with community leaders on approaches to data collection. Community leaders must raise public awareness about data collection activities and provide social support to enumerators. Qualitative and quantitative approaches were used to collect data (Mbuvi et al., 2020).

Justice Theory
The concept of justice proposed by Plato is closely related to expediency, where the intended benefit is something that is judged to have benefits obtained with goodness. Salim & Nurbani (2017) said "there is no theory of justice that can be separated from the claim of expediency. Justice is the term given to rules that protect claims that are considered essential for the welfare of society, claims to keep promises to be treated equally, and so on." John Stuart Mill focuses the concept of justice on the protection of claims, which aims to develop welfare and can reinforce promises given in a balanced way. Kelsen (2008), presents the essence of justice. Justice is: "A possible, but not necessary, quality of a social order that leads to reciprocal relationships among human beings. Only after that, it is a form of human goodness, because humans are fair when their behavior is by the norms of the social order that should be fair. The meaning of just social order is that the rules guide human behavior in creating conditions that are satisfactory for all human beings, in other words, that all people can feel happy in the rules." The essence of justice according to Kelsen (2008) is by the provisions of the principle of living law. Legal norms are not just written, but there are other norms as well which along with the times and developments of that era live in society. The unwritten norms are in the form of religious norms, decency, and others. The purpose of the norm is to obtain true happiness (Salim & Nurbani, 2017). Explains the principle of justice that: "In various applications of the concept of justice that individuals before others are entitled to a relative position in the form of certain equality or inequality. This is something that must be considered in the uncertainty of social life when burdens or benefits are to be recovered when disturbed.
From there, according to tradition, justice is seen as the maintenance or restoration of balance or proportion, and the basic rule is often formulated as the treatment of similar and dissimilar things, even though we need to add to it and treat different things in the same way. different."

Role Theory
Role theory or what is called the role of theory (English), in Dutch it is called theorie von der rolle, while in German it is called theorie von der rolle is a theory that analyzes the tasks that must be carried out by people or institutions.
-Institutions that have a position in society, both formal and informal (Salim & Nurbani, 2017).

Legal Protection Theory
The theory of legal protection is one of the most important theories to study because the focus of the study of this theory is on the legal protection provided to the public. The people targeted by this theory are people who are in a weak position, both economically and weakly from the juridical aspect. The term legal protection theory comes from English, namely legal protection theory, while in Dutch it is called theorie van de wettelijke bescherming, in German, it is called theorie der rechtliche Schutz. Grammatically, protection is (Departemen Pendidikan dan Kebudayaan, 1989): 1) shelter; or 2) the thing (action) of protecting.
To protect is to cause or cause to take refuge. The meaning of taking refuge includes: 1) placing oneself so as not to be seen, 2) hiding, or 3) asking for help.
Meanwhile, the notion of protecting includes: 1) covering so that it is not visible or visible, 2) guarding, caring for, or maintaining, 3) saving or providing help.
The definition of protection can be studied from the formulation contained in the following legislation. In Article 1 number 5 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, a formulation on protection has been presented. Protection is: All efforts aimed at providing a sense of security to victims carried out by the family, advocate, social institutions, police, prosecutors, courts, or other parties, either temporarily or based on court decisions.

Legal Protection for Elephants in the Jurisdiction of Aceh Jaya Regency
The basis for legal protection for elephants is contained in sustainability prin- Elephants are wild animals that are feared to be extinct, so they have been and 2020 is described, then the location points for conflicts between humans and elephants are also described. So the details of the researchers are described in Table 1.
Based on the table above, the researcher can conclude that from the last 2 years, namely from 2019 and 2020, there are many regional points in Aceh that are still grappling with elephant-human conflicts. As calculated, there are 10 to 11 areas in Aceh that conflict with elephants. So that this can pose a danger to the relationship between humans and elephants in everyday life. Many negative things are predicted to happen if there is no good or harmonious relationship between humans and elephants. Furthermore, the researcher summarizes in the table several cases that occurred in several sub-districts in Aceh Jaya Regency, the details of these cases can be seen in Table 2.  It can be seen that there is no minimization and the impact of reducing the number of cases that occurred from 2019 to 2020 on an elephant and human conflicts. However, there was an increase of 4 cases from the previous year when the elephant-human conflict occurred.
So it can be concluded that the legal protection that protects every activity of elephant animals and minimizes the occurrence of damage and conflicts with humans against elephants has not been fully realized. So it can be seen that there is an increase in cases that need to be handled by the relevant agencies and government.

The Role of BKSDA in the Legal Protection of Elephants in Aceh Jaya District
The personnel composition of the coordination team for handling conflicts be- phants from their habitat into plantation areas). The speed wire is installed between the barriers, namely cliffs and ravines in the area. However, the installation of the speed wire has not been maximized due to the very large area so that the installation will be planned in stages.
Then in the interview, it was stated that there is an essential ecosystem development program that is collaborative where it is necessary to cooperate with several related parties in government agencies and institutions such as the DLHK and the local Tourism Office. This essential ecosystem program requires the existence of nature tourism in the location or region. There needs to be education about elephants so that humans and elephants can live side by side. Conservation itself is an effort made by humans to preserve or protect nature. Conservation comes from English, namely conservation which means preservation or protection. Meanwhile, according to environmental science, conservation can be interpreted as follows (Zain, 1998): 1) Efficiency efforts from energy use, production, transmission, or distribution which result in a reduction in energy consumption on the other hand provide the same service at the same level.
2) Careful protection and management of the environment and physical natural resources.
3) Management of a certain quantity that is stable during a chemical reaction or physical transformation. 4) Asylum efforts and long-term protection of the environment. 5) A belief that the natural habitat of an area can be managed while the genetic diversity of species can be maintained by maintaining the natural environment.
The CRU Task Force was formed to support the handling of conflicts between humans and wild elephants. Where the CRU team will monitor and control the activities of animals around the task points that are ordered to monitor the location, both in every village and also in every sub-district in each district.

Commodity Adjustment
There are several types of plants or plants that can be eaten by elephants and which cannot be eaten by elephants, including the following, namely plants/plants that can be eaten by elephants: Oil Palm, Sugar Cane, Jackfruit, Banana, Rice. And plants/plants that elephants cannot eat: Coffee, Cloves, Nutmeg, Candlenut, Pepper, Lemon, Fragrant Lemongrass.

GPS Collar Installation
The function of installing a GPS Collar is to determine the movement of wild elephants, monitor elephant populations and behavior, and as an Early Warning System. Currently, there are 4 (four) GPS Collars installed, namely in the Mila area (1), the East Aceh area (2), and the Southeast Aceh area (1).

Artificial Barriers
Types of Barrier in the form of Trench and Shock Wire. Barrier construction that has been, is being and will be carried out is in East Aceh (FKL, Pemda), Bener Meriah (Pemda, BKSDA, KKH, CRU Aceh) and Aceh Jaya (BKSDA Aceh, PT. Tunggal Perkasa Plantation, CRU Aceh).
The researcher concludes that based on several strategies for overcoming the elephant animal conflict that has been programmed, it is still not optimal for the response to be carried out. Due to the large area and also the team on duty lacks personnel. Therefore, there are obstacles and obstacles in carrying out the duties and roles of the BKSDA to the fullest. Although the BKSDA is assisted by other institutions or agencies which technically collaboratively implement tasks and roles in coordinating the resolution of human and elephant conflicts in the Aceh Jaya District.
As the personnel structure of the coordination team for conflict management between humans and elephants has been structured well. However, the CRU team that monitored and supervised the location of the incident points expe-rienced a shortage of members on duty. As a result of this obstacle, the CRU team should have increased the number of members.
Lack of personnel such as the CRU team group in this task, the Head of BKSDA can ask for consideration from the supervisor or the head of the local Provincial/Regency LHK service head and also the regional government, be it the governor or the regional secretary or the local head/regent of Aceh Jaya Regency to recommend additional CRU members on duty, with the addition of members can maximize the performance of the BKSDA who works in the supervision and monitoring division of elephant and human-animal conflicts in every point of the smallest area. to minimize the handling of conflicts between elephants and humans in the Aceh area.
Then each CRU group team is held in the form of a weekly or monthly program that is implemented, for those who do not implement and implement the program, sanctions can be given to the CRU team who does not run the program. Thus, the role of the BKSDA in providing legal protection for elephant animals in the Aceh Regency is guaranteed.

Conclusion
1) Legal protection for elephants in the jurisdiction of Aceh Jaya Regency, is based on Qanun Number 11 of 2019 concerning Wildlife Management. This protection is guaranteed in every area in Aceh, especially in Aceh Jaya District, where the Government is directly involved in dealing with issues regarding elephant conflicts.
2) The role of the BKSDA of the Province of Aceh and the Regency of Aceh Jaya in the legal protection of elephant animals is by the applicable laws and regulations. However, this role has not been maximally achieved in its implementation, where there are obstacles and obstacles in carrying out the duties and roles of the BKSDA.