PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENANGKAPAN LOBSTER YANG BERUKURAN PANJANG KARAPAS KURANG DARI 8 cm (Studi Perkara Nomor: 15/Pid.Sus/2016/PN Trk.)

Abstract

ABSTRACT

Lobster is one of the potential biological resources found in Indonesia. Catching lobster must fulfill the rules as regulated in Article 100 of Law Number 31 of 2004 as amended and supplemented by Law Number 45 of 2009 Jo Article 7 number (3) of the Regulation of the Minister of Maritime Affairs and Fisheries of the Republic of Indonesia Number 1 / PERMEN-KP / 2015, as was the case in Trenggalek district. In case Number: 15 / Pid.Sus / 2016 / PN Trk. The formulation of this problem are: 1) How is the application of the crime against the perpetrators of the crime of catching lobsters whose length is less than 8 cm carapace? 2) How do you consider the judge in applying the crime against the perpetrators of the crime of catching lobsters whose length is less than 8 cm carapace? This type of research uses normative legal research. The data source used is secondary data. Data collection techniques are through document study. Data were analyzed qualitatively. The results of the study concluded: 1) The application of a criminal offense against a lobster caught with a length of carapace less than 8 cm, that was proven guilty of violating Article 100 of the Fisheries Law and a criminal fine of Rp. 3,500,000 (three million five hundred thousand rupiah) if not paid, it will be replaced with a confinement for 2 (two) months. 2) Judge's consideration in giving legal consideration to defendant AA to impose criminal sanctions is to pay attention to aspects of juridical and non-juridical aspects. Juridical aspects include: Public Prosecutors 'Indictments, Public Prosecutors' Claims, Witness Statements, Defendant Statements and non-juridical aspects pay attention to matters that incriminate and alleviate the defendants.

Keywords: Application, Criminal Act, Arrest, Lobster