Abstract

Criminal acts in the field of fisheries often occur in Indonesia. The problem that is often heard is of course the problem of illegal fishing carried out by foreign ships from neighboring countries. Weak supervision and coordination between agencies is one of the supporting factors for this to happen. In addition to illegal fishing crimes committed by foreign vessels, violations are also often committed by local fishermen or Indonesian-flagged vessels. The most common violations are licensing issues in the capture fisheries sector. One of them is the widespread operation of ships without a Sailing Approval Letter (port clearance). How is the legal regulation of fishing crime without having a sailing approval document. How is the responsibility of the perpetrators of fishing crimes without a sailing approval document. How is the legal analysis of shipping crimes based on the decision of the Maumere Register District Court Number 48/PID.SUS/2014/PN. MMR. The results of the study indicate that the legal regulation of fishing crime without having a sailing approval document is regulated in Article 98 of Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fisheries. The accountability of the perpetrators of criminal acts of fishing without a letter of approval to sail in the decision of the criminal case Register Number 48/PID.SUS/2014/ PN.MMR, the panel of judges declared the defendant legally and convincingly proven guilty of committing a criminal act of operating a fishing vessel without a Letter of Approval Sailing and sentenced to imprisonment for 3 (months) months and a fine of Rp. 10,000,000,- (ten million rupiah), provided that if the fine is not paid, it will be replaced with imprisonment for 1 (one) month. Based on the decision of Maumere District Court Register Number 48/PID.SUS/2014/PN.MMR, it is stated that there is no reason that can be the basis for abolishing the crime against the defendant, both for reasons of forgiveness and justification so that the defendant is declared to be able to account for his actions. Keywords: Crime, Shipping, Sailing Approval Document

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