CD Tesis

Penggunaan Hukum Pidana Dalam Penanggulangan Pencurian Ikan Di Kepulauan Riau

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Sport fishing is one of the legal loopholes that can be exploited by perpetrators of Illegal, Unregulated, and Unreported Fishing. By exploiting these loopholes, the perpetrators of illegal fishing can escape from the entanglement of Indonesian criminal law.
To analyze criminal law enforcement and renewal of criminal law against fishing carried out by foreign nationals in Indonesian waters using sport fishing mode, this study uses a type of normative legal research.
Enforcement of criminal laws against fishing carried out by foreign nationals in Indonesian territorial waters that use the sport fishing mode is still constrained at the regulatory stage. The regulatory constraints also eventually caused a level of implementation such as the release of the perpetrators of sport fishing by referring to the case Number 18/Pid.Sus/ Prkn/2016/PN.TPl. At present, there is a legal vacuum related to fishing activities as a sport (sport fishing) in Law Number 45 of 2009 concerning Amendments to Law Number 31 Year 2004 concerning Fisheries. The legal vacuum is if the action is carried out by someone who violates the national border, that is, the perpetrator cannot be convicted even though the act is essentially an illegal act. Renewal of criminal law against fishing carried out by foreign nationals in Indonesian territorial waters that uses the sport fishing mode is regulated criminal provisions against fishers and/ or fish cultivation in the Republic of Indonesia fisheries management area which are not for commercial purposes. This is done by revising Article 33 of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, so that there is a criminal threat for the perpetrators (of course with certain elements) of fishing and/or fish farming in the Republic of Indonesia fisheries management area even though the activity is not for commercial purposes so it does not become a gap for the perpetrators of sport fishing to escape criminal threats.


Keywords: Law Enforcement, Legal Reform, Sport Fishing

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 219 (0019)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2019

Deskripsi Fisik

xiv, 140 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 219 (0019)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PASCASARJANA (MAGISTER) ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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