CD Disertasi

Formulasi Sanksi Tindakanterhadap Pelaku Penangkapan Ikan Dengan Menggunakan Alat Tangkap Terlarang Di Kawasan Pesisir

---

ABSTRACT
Fishing with explosives or blast fishing is very rife, especially in coastal
areas where the main perpetrators are small fishermen. Perpetrators who use
prohibited fishing gear, one of which is the use of explosives, has been regulated
in Law No. 45 of 2009 concerning Amendments to Law No. 31 of 2004 concerning
Fisheries. In the regulation of sanctions, the law only focuses on punishment of
perpetrators and there is no regulation of sanctions so that marine ecosystems
damaged by the actions of perpetrators cannot be repaired again. Therefore, the
purpose of this thesis research is first, to describe criminal sanctions against
fishing perpetrators using prohibited fishing gear in the current positive law and
the implementation of the regulation. Second, To formulate the formulation of
sanctions for actions needed to be applied to fishing actors using prohibited
fishing gear to protect marine ecosystems in the future.
This research can be classified into normative types of legal research. In
this type of legal research, often the law is conceptualized as what is written in
laws and regulations or the law is conceptualized as rules or norms that are a
benchmark for age behavior that is considered appropriate. Therefore, the first
source of data is only secondary data, consisting of primary legal material,
secondary legal material, and tertiary data.
This study obtained the first result, namely in the regulation of sanctions
against perpetrators of fishing with prohibited fishing gear, namely the use of
explosives which has been regulated in Article 84 paragraph (1) of Law No. 45 of
2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries
and threatened with a maximum prison sentence of 6 (six) years and a maximum
fine of IDR 1,200,000,000.00 (one billion two hundred million rupiah).
Meanwhile, the crime of blast fishing committed by small fishermen is specifically
regulated in Article 100B of the Fisheries Law. threatened with a maximum
imprisonment of 1 (one) year or a maximum fine of Rp250,000,000.00 (two
hundred fifty million rupiah). However, if we look closely, sanctions
arrangements only focus on punishment on perpetrators and there is no sanction
arrangement, sanctions are taken so that marine ecosystems are damaged as a
result of the actions of perpetrators that cannot be repaired. Second, the
regulation of criminal sanctions that are relevant for small fishermen who use
explosives when fishing is the renewal of the criminal law by imposing sanctions
in an effort to preserve and utilize marine resources so that they run well.
Keywords: Action Sanctions, Prohibited Fishing Gear, Sanction formulation

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1909124528

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1909124528

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar