PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN IKAN DI WILAYAH LAUT NEGARA INDONESIA (STUDI NOMOR 42/PID.SUS–PRK/2018/PN.PTK)

Abstract

Fish theft violates the provisions of Article 84 paragraph (1) of Law Number 45 of2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. The defendant was proven guilty of robbery of fish in the sea territory of the Indonesian state with a fine of RP.200.000.00. Formulation of the problem: (1)What is the criminal responsibility for the criminal act of robbery of fish in the sea territory of the Indonesian state in case42/ Pid.Sus-PRK/ 2018/PN.Ptk? (2)How did the judge consider the criminal act of robbery of fish in the sea territory of the State of Indonesia in case 42/Pid.Sus-PRK/2018/ PN.Ptk?. This type of research uses normative legal research, the data source used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data technique was carried out by means of document studies and the data were analyzed qualitatively. Conclusion of research results. (1)Liability for a criminal act that commits a criminal act of fish in the sea territory of the State of Indonesia which violates Article 103 paragraph (1)of the Fisheries Law, so that the defendant is subject to a fine of RP.200.000.00. (2)The judges' considerations in the decision number 42/Pid.Sus-PRK/2018/PN.Ptk, before making the judge's decision have first considered the juridical aspects which contain evidence, evidence, and evidence, and non-juridical consist of things that lighten up, and things that are burdensome.