CD Skripsi

Batasan Sanksi Pidana Terhadap Nelayan Kecil Yang Melakukan Penangkapan Ikan Dengan Menggunakan Bahan Peledak

---

ABSTRACT
Indonesia is known as a maritime country with abundant marine resources. The utilization of the abundant marine wealth in Indonesian waters is used as a livelihood for local Indonesian fishermen, especially small-scale fishermen. However, in fishing practices, there are fishermen who violate the rules by using illegal tools and materials, such as explosives, which are still often used and damage the marine ecosystem as well as threaten the welfare of small fishermen. For small fishermen, using explosives is an easy method that can be done quickly and does not require a large cost. The existing legal regulations differentiate and impose limited criminal sanctions on small-scale fishermen compared to large-scale fishermen or corporations, as stipulated in Article 100B of the Fisheries Law. That small fishermen are only given alternative sanctions, not cumulative ones. The objectives of this thesis research are: First, to examine the regulations regarding the limits of criminal sanctions against small-scale fishermen who engage in fishing with explosives. Second, to formulate an ideal concept of the application of criminal sanctions that is more proportional for small-scale fishermen.
This research is classified as a type of normative juridical legal research that is qualitative in nature. Referring to secondary data sources including regulations and court decisions. The data collection technique used is library research, and in this study, conclusions are drawn deductively.
The research results indicate that the criminal sanctions for small-scale fishermen are regulated in Article 100B of the Fisheries Law, which imposes lighter penalties compared to those for large-scale fishermen. However, in practice, there is inconsistency in the application of these criminal sanctions. This is evident from court decisions that are inconsistent in categorizing defendants as small-scale fishermen, resulting in disproportionate sanctions. To address this issue, a clearer and more definitive interpretation of the meaning and criteria of small-scale fishermen is required. Additionally, the application of additional sanctions in the form of restorative actions aimed at restoring environmental damage caused by the use of explosives should be considered. This approach aligns with the combined sentencing theory, which emphasizes that the purpose of sentencing is not only to impose punishment but also to rehabilitate the offender and restore the damages caused. The combination of sanctions based on compensation for the damage caused and selective application of criminal law provides a comprehensive solution for addressing destructive fishing. An example of a restorative action that could be applied is the release of fish fry into the sea, which is a relevant sanction and could serve as a more proportional and productive punishment.
Keywords: Criminal Sanctions, Small Fishermen, Goals of Criminalization

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

1909124462

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – Hukum Pidana., 2025

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

1909124462

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