Analisis Sanksi PIdana dalam Undang-Undang Nomor 16 Tahun 1992 Tentang Karantina Hewan, Ikan dan Tumbuhan

Abstract

The Law Number 16 of 1992 on the Quarantine of Animals, Fish, and Plants is legislation that gives legal certainty to prevent the entry and spread of pests and animal diseases, pests and diseases of fish, as well as plant pests. Sanctions against violations of the provision of the Law includes criminal and action sanctions. So far is considered ineffective, because it has not categorized clearly the distribution of action and criminal sanctions. The problems in this study are to analysis how the formulation of criminal sanctions in Law Number 16 of 1992; how the application of criminal sanctions in Law Number 16 of 1992, and; how the policy of criminal sanctions in quarantine laws in the future? This study is a qualitative study with normative juridical approach. The result showed that Law Number 16 of 1992 has a complete formulation of criminal sanctions, but the legal norms in the criminal provision are not clear subject so it can be difficult for law enforcement. Although not explicit, the application of criminal sanctions against Law Number 16 of 1992 implementing the principle of ultimum remedium. The prospect of future policy on the formulation of criminal sanctions for quarantine laws can be done through reforming and refining the criminalitation policy by clearly categorizing the scope of actions that can be categorized as criminal acts of administration, in criminal liability the subject of a criminal offense is described clearly and doesn’t separate the form of errors. It is expected soon revision of Law Number 16 of 1992 to provide legal certainty.