STUDY OF THE IDEAL CONCEPT OF PET WELFARE ON THE PRINCIPLE OF USE AND UTILIZATION IN LEGAL GUARANTEE

Abstract

The animal protection law is regulated in Law Number 41 of 2014 Article 66A which explains that everyone is prohibited from abusing or abusing animals that result in disability or unproductiveness. Animal protection against the principle of animal welfare is an important instrument in the agenda and mandate of the law in this case the veterinary authority as a representative of the government. Indonesia still has many difficulties and obstacles faced with a number of legal issues against animals, both in terms of its laws and regulations, society, and its law enforcement system. consideration in making changes. Legal thinking in animal protection, one of which uses argumentative theory that describes a legal model or pattern that is said to be ideal in drafting rules and implementing the law enforcement system. Changes in the revision of the provisions of the legislation related to animal protection against the current positive law, so that a law will be created that can absorb all the interests and needs of the Indonesian people. Analyzing the extent to which existing legal rules and sanctions can accommodate the scope of the welfare principle on the freedom of use, especially non-livestock animals and can formulate related legal protections. The form of the sociological-empirical research paradigm is an understanding of law in terms of norms (rules) and the implementation of legal rules in real behavior as a result of the enactment of legal norms. The research was conducted by examining the implementation or implementation of positive legal provisions and factual written documents on any particular legal event that occurred in society. The obstacles in this study include the lack of legal instruments in law enforcement for the protection of pets in Indonesia, among others: The absence of a legal umbrella/law related to the rules of sanctions in enforcing the law on consuming non- livestock pet meat as animal protection on the principle of use and utilization. The unclear legal rules regarding the prohibition and sanctions on consuming non-livestock pets such as cats and dogs make it difficult to enforce the law. The law that still overlaps between the provisions of the sanction for killing animals, especially non-livestock pets and on the other hand, seems to be legalized for consumption. Previous research has discussed more about the protection of animal welfare laws in general. In this study, we specifically discuss the legal protection of pet welfare. In addition, this study also discusses the model of ideal law formation by including the model scheme, which has not been discussed in previous studies.