332 International Journal of Criminology and Sociology, 2021, 10, 332-340 E-ISSN: 1929-4409/21 © 2021 Lifescience Global Disharmonized the Regulation of Biological Resources and its Ecosystem in Indonesia Sumurung P. Simaremare 1,* and Muhammad Dzikirullah H. Noho 2 1 Universitas Sumatera Utara, Medan, and Kejaksaan Republik Indonesia; University Street No.19, Padang Bulan, Medan, 20155, Indonesia 2 Universitas Diponegoro, Semarang, and Lecturer Universitas Hasyim Asy’ari Tebuireng, Jombang, Irian Jaya Street No.55, Cukir, Jombang Regency, 61471, Indonesia Abstract: The goal of state control over natural resources is an anticipatory step to avoid the widest possible use by individuals or legal entities as a means of oppression and exploitation of others. However, in reality, many regulations overlap and are not in harmony with one another. The author of this study uses normative juridical research. The definition of normative juridical is a type of research that emphasizes more on library research, where the materials used will be obtained from laws, literature, mass media, which are related to writing materials. This study found that the arrangement of living natural resources in Indonesia that is less harmonious is: a. Law Number 21 of 2004 concerning Ratification of the Cartagena Protocol On Biosafety To The Convention On Biological Diversity and b. Constitutional Court Decision No.35/PUU-X/2012. Keywords: Disharmonized, Regulation, Biological Natural Resources, Ecosystem, Indonesia. INTRODUCTION Formulation of Article 33 of the Constitution of 1945 not only guides the composition of the economy and the state's authority to regulate economic activities and natural resources contained therein but also reflects the ideals and beliefs that are firmly held and consistently fought for by the leaders of the nation to create social justice in the economic sector can achieve equitable prosperity, namely social justice for all Indonesian people (Wibowo, 2015). In other words, monopoly, oligopoly, or cartel practices in natural resource management are against the principles of Article 33 of the 1945 Constitution of the Republic of Indonesia (Max). State obligations as a manifestation of the relationship with the right to control the state with the greatest prosperity of the people can include (Mawuntu, 2012): 1. Only certain creates of efficiency (water and earth) and the results achieved (natural wealth) must significantly increase the community's prosperity and welfare. 2. Protect and guarantee all the people's rights in or on the earth, water, and certain natural resources that can be directly generated or enjoyed directly by the people. *Address correspondence to this author at the Universitas Sumatera Utara, Medan, and Kejaksaan Republik Indonesia; University Street No.19, Padang Bulan, Medan, 20155, Indonesia; Tel: +620618213571; E-mail: sumurungpsimaremare@gmail.com 3. Prevent all actions by any party that will cause the people to have no opportunity or lose their rights to enjoy natural resources. As an embodiment of Article 33 of the 1945 Constitution of the Republic of Indonesia, a law was made to conserve living natural resources, namely Law Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems. As stated in the explanation, Law Number 5 of 1990 concerning the Conservation of Living Natural Resources and their Ecosystems is made based on several reasons, one of which is the living natural resources and their ecosystems, which are the most important part of natural resources which consist of animal, vegetable or in the form of natural resources. Natural phenomena, either individually or collectively, have functions and benefits as the constituent elements of the environment, whose presence cannot be replaced. Considering their irreplaceable nature and having an important position and role for human life, conservation of living natural resources and their ecosystems is an absolute obligation of each generation. Irresponsible actions that can cause damage to the nature reserve area and nature conservation area or actions that violate the provisions concerning the protection of protected flora and fauna are punishable by serious criminal penalties in the form of corporal punishment and fines. This serious punishment is deemed necessary because the damage or extinction of one element of the living natural resource and its ecosystem will result in a great loss to the community, which cannot be assessed materially. At the same