Pertanggung Jawaban Pidana Terhadap Pelaku Penangkap Ikan Pengguna Pukat Hela Dasar Berpapan (Otter Trawl) (Studi Putusan Nomor : 18/Pid.Sus-Prk/2018/PN.MDN)

Abstract

Fishery crime is an activity carried out by a foreign person or ship in a waters which is the jurisdiction of a country without permission from that country or is against the prevailing laws and regulations. This study aims to determine the criminal responsibility of fish catchers using otter trawlers. The problem discussed in this study is how the criminal responsibility of the perpetrators of fishing using trawl with boards (otter trawl) in decision number: 18 / pid.sus-prk / PN Mdn, what factors hinder the enforcement of criminal law against the perpetrators of the catchers. Fish using otter trawl This research method is juridical normative through legal sources such as primary legal materials, namely laws, secondary legal materials, namely books, journals, articles and court decisions number: 18 / pid.susprk / 2018 / PN. MDN. The result of this research is the criminal responsibility towards the perpetrators who use trawl trawl at the decision number: 18 / pid.sus-prk / PN Mdn, which is regulated in Article 100 B of Law Number 45 of 2009 concerning Fisheries. The factors that hinder the enforcement of the criminal law against the perpetrators of fishing using trawl bases with boards (otter tral) are the substance of the law, law enforcement officers, facilities and infrastructure, and public awareness. Judges considerations of fish catchers using otter trawl in decision number: 18 / pid.sus-prk / PN Mdn. Whereas what is meant by small fishermen are people whose livelihoods are catching fish to meet their daily needs by using fishing boats with a maximum size of 5 (five) Gross Tons (GT) in accordance with Article 1 paragraph (11) of Law Number 45 2009 concerning amendments to Law 31 of 2004 concerning Fisheries.