PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA TERHADAP PELAKU TINDAK PIDANA MENGGUNAKAN ALAT PENANGKAPAN IKAN YANG MENGANGGU DAN MERUSAK KEBERLANJUTAN SUMBER DAYA IKAN (Studi Perkara Nomor : 37/PID.SUS/2017/PN.PGP).

Abstract

Using fishing gear that disturbs and destroys the sustainability of fish resources is punishable under Article 85 of the Fisheries Law. In the case of Decision No. 37 / Pid.Sus / 2017 / PN.PGP where defendant M was sentenced to 7 months in prison with a fine of Rp. 5,000,000, - (five million rupiah). Problem Formulation (1) How is the application of crime against the perpetrator of a criminal act using fishing gear that disturbs and destroys the sustainability of fish resources based on Decision Number 37 / Pid.Sus / 2017 / PN.Pgp? (2) What is the judge's consideration in imposing a criminal offense against the perpetrator of a criminal act of using fishing gear that disturbs and destroys the sustainability of fish resources based on Decision Number 37 / Pid.Sus / 2017PN.Pgp? Normative juridical research methods, data sources are primary, secondary, and tertiary legal materials. The analysis technique is document study. The conclusion of the research results: (1) The application of punishment to the defendant "M" has fulfilled the elements of Article 85 of the Fisheries Law, namely the defendant was sentenced to 7 (seven) months and a fine of Rp. 5,000,000, - (five million rupiah) provided that if the fine is not paid, then it is replaced by imprisonment for 1 (one) month. (2) The judge convict the defendant based on juridical considerations, namely fulfilling the elements of the article based on the indictment, indictment and Non-juridical considerations for the defendant are things that are burdensome for not supporting government programs and things that make it easier for the defendant to be polite, regret his actions, spine his family and have never been punished.