Pertanggung Jawaban Pidana terhadap Pelaku Penangkapan Ikan Tanpa Siup, Sipi dan Sikpi di Peraiaran Laut Belawan Pantai Timur (Studi Putusan No.16/pid.sus-prk/2017/PN.MDN)

Abstract

Illegal fishing is an activity carried out by a person or a foreign vessel in a waters which becomes the jurisdiction of a country without permission from that country or contrary to the prevailing laws and regulations. This study aims to determine the application of criminal law of criminal offenders. illegal fish in belawan.Pelabuhan belawan is a port located in the city of medan, northern Sumatra, Indonesia and is the most important port on the island of Sumatra with the level of the main class under the auspices of PT. Indonesian harbour. The problem discussed in this study is how the legal regulation regarding fishing without siup, sipi and sikpi in Indonesia, how is the criminal liability of perpetrators of fishing without permits in the waters of the sea and how the judges consider in imposing criminal sanctions on perpetrators of fishing without permit based on decision no.16 pid.susprk / 2017 / pn.mdn. This research method is normative juridical through legal sources such as primary legal materials, namely laws, secondary legal materials, namely books, journals, articles and court decisions number: 16 / pid.sus-prk / 2107 / PN.MDN. The results of this study are legal arrangements regarding fishing without siup, sipi and sikpi in Indonesia are the minister of maritime affairs and fisheries as well as article 15 no 30 of 2004 that every person conducting activities in the field of fisheries must have permission through the authorized general director, if violations can be subject to sanctions in accordance with applicable laws. Criminal liability against perpetrators of fishing without permits can be imposed in Article 9 that the perpetrator can be sentenced to 5 years imprisonment and a fine of Rp.2,000,000,000.00 (two billion rupiahs). The judge's consideration in imposing sanctions based on the decision is that the perpetrator has never been law, acknowledging his mistakes and the backbone of the family.