Perbuatan Pidana dan Pertanggungjawaban Pidana Terhadap Tindak Pidana Illegal Fishing di Zona Ekonomi Eksklusif Indonesia (Studi Putusan Pengadilan Negeri Sabang Nomor : 17/Pid.Sus/2018/PN.Sab)

Abstract

To realize the mandate of the opening of the 1945 Constitution of the Republic of Indonesia, the government which is given the mandate must manage natural resources in such a way, bearing in mind that these resources must truly be enjoyed by all Indonesian people. Based on this, the problem formulation in this research is CRIMINAL ACTS AND CRIMINAL RESPONSIBILITY FOR THE CRIMINAL ACT OF ILLEGAL FISHING IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE (Study Decision Number: 17/Pid.Sus/2018/PN.Sab). The aim of this research is to determine and analyze the regulation of criminal acts against perpetrators of the crime of Illegal Fishing in the Indonesian Exclusive Economic Zone. Criminal liability for perpetrators of the crime of Illegal Fishing in the Indonesian Exclusive Economic Zone. Analysis of criminal law against perpetrators of the crime of Illegal Fishing in the Indonesian Exclusive Economic Zone in Criminal Case Decision Number: 17/Pid.Sus/2018/PN.Sab. The research results show that 1) The government has created and established regulations related to fisheries crimes. Fisheries crimes are divided into 2 (two) types of crimes, crimes and violations. 2) Criminal liability for perpetrators of the crime of Illegal Fishing states that the parties responsible for an act are each person. In accordance with the explanation of Article 1 paragraph (14) of Law Number 31 of 2004 concerning Fisheries. 3) Analysis of criminal law against perpetrators of the crime of Illegal Fishing in the Indonesian Exclusive Economic Zone in Criminal Case Decision Number: 17/Pid.Sus/2018/PN.Sab, the defendant's actions violated article 97 paragraph (1) of Law Number 31 of 2004 , as amended by Law Number 45 of 2009 concerning Fisheries, then in the trial to fulfill a sense of justice, both towards the Defendant himself, the Community and the State. The panel of judges imposed a fine of Rp. 200,000,000 (two hundred million rupiah) with the provision that if the fine is not paid by the defendant, it will be replaced by imprisonment for 4 (four) months.