PENERAPAN PIDANA TERHADAP TINDAK PIDANA PELAYARAN KAPAL TANPA IZIN MENGANGKUT MINYAK DAN GAS BUMI (Study Kasus Nomor : 166/Pid.Sus/2017/PN Pdg.)

Abstract

ABSTRACT

The crime of shipping ships without permission to transport oil and gas is regulated in Article 53 letter b. Case Number: 166 / Pid.Sus / 2017 / PNPdg where the defendant was proven guilty of violating Article 53 hrufuf b, sentenced to 1 (one) year 3 (three) months and a fine of Rp.5,000,000,000.-. The formulation of the problem is (1). How is the application of the crime against the perpetrators of the crime of shipping ships without permission to transport oil and gas in the case of decision Number: 166 / Pid.Sus / PN Pdg? (2). and natural gas? This study uses a normative legal approach, the data source used is secondary data consisting of primary legal materials, and tertiary data collection techniques with study documents, the data were analyzed qualitatively. Conclusions of the result of the study, (1). The criminal application of the defendant violated Article 53 letter (b) concerning oil and gas and the Panel of Judges imposed a prison sentence of 1 (one) year and 3 (three) months and a fine of Rp.5,000,000,000, - (five billion rupiah) with the condition that if the fine is not paid then it will be replaced with imprisonment for 1 (one) month. (2). Judges' considerations in applying crimes against criminal acts in case Number: 166 / Pid.Sus / 2017 / PN Pdg according to juridical and non-juridical aspects.

Keywords: Application, Criminal, Ship, Permit