PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA TURUT SERTA MELAKUKAN USAHA PENANGKAPAN IKAN TANPA SURAT IZIN USAHA PERIKANAN (Putusan Nomor 5/Pid.Sus-PRK/2019/PN Ptk)

Abstract

ABSTRACT

 

Illegal fishing is often done without fishing permits, using fake permits, using prohibited fishing gear, fishing in areas that are not in accordance with the permit, and falsification of catch data. In this case what happened was fishing without a permit and using forbidden fishing gear by a Vietnamese fisherman NVT. The defendant violated Article 26 and Article 9 of Law Number 45 of 2009 concerning Fisheries. Formulation of the problem (1) How is the application of criminal acts against the perpetrators of criminal acts intentionally engaging in fishing efforts without a fishery business permit based on the decision Number 5/Pid.Sus-PRK/2019/PN Ptk? (2) What is the judge's consideration in imposing a criminal act against a criminal in decision Number 5/Pid.Sus-PRK /2019/PN Ptk? This study uses a normative juridical approach, the source of data used in the form of secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were collected by study of documents and analyzed qualitatively. Conclusions of the results of the study (1) the application of a criminal offense against an offender is not in accordance with Law Number 45 of 2009 concerning Fisheries, the offender is sentenced to a fine of Rp.200,000,000.- (two hundred million rupiah) (2) Consideration The judge handed down the decision against the perpetrator Fisheries criminal offenses are based on juridical considerations and non-juridical considerations.

 

Keywords:SIUP, tools, capture, fisheries.