Abstract
Many occurrences of fisheries criminal offenses make the writer interested to learn about criminal provisions and the responsibility of the perpetrators according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. By studying, understanding, and analyzing these articles of law, the author significantly obtains the picture of whether this Fishery Law is appropriate and able to force the perpetrator of their responsibility for their actions. The purposes of this paper are 1) To analyze the patterns of fishery criminal so the perpetrators could be charged their responsibilities according to Law No. 45 of 2009, 2) To study and analyze how to determine the penalties according to the Law No. 45 of 2009. This paper is a qualitative descriptive. The method of this research is normative law with conceptual and institutional approaches. The result of the study showed that legislation in Indonesia relating to Fisheries, administratively, there are still several articles that are sticking out and controversy according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. For small fishermen who do not have a Yachting Approval Letter (SPB) in Indonesia should be subjected to administrative sanctions such as paying compensation. If administrative sanctions are not implemented, then the principle of ultimum remedium can be applied as a last choice in violations of fisheries and there are still several articles that are detrimental to the interests of the State as well as the interests of local fishermen which, if seen from criminal liability, may be imposed.
Highlights
Criminal liability is a condition where a legal subject is obliged to bear the burden of criminal acts as a result of acts that violate the law
The definition of criminal liability is different from a criminal act, the criminal act shows the nature of the act, that is the nature that is prohibited and threatened with a criminal offense if violated
Types of Fishery Crimes There are 17 Articles governing the formulation of fishery offenses from Article 84 to Article 100 in Law No 31 of 2004 concerning fishery and Law No 45 of 2009
Summary
Criminal liability is a condition where a legal subject is obliged to bear the burden of criminal acts as a result of acts that violate the law. In practice in the field, it was found that the circumstances of the case resolution through the statement of regret by the perpetrator who was given the seal of Rp. 6000, - against criminal acts of marriage committed by farmers or small fishermen This is ironic considering the criminal provisions specified in Law No 45 of 2009 concerning amendments to Law No 31 of 2004 concerning fisheries, did not recognize the efforts of peace and settlement through the statement of regret by the perpetrators who were stamped Rp. 6000, - this will lead to a pattern of criminal liability for fishery offenders experiencing legal problems in the form of overlapping authority to conduct investigations and efforts to resolve cases that are carried out outside the legal corridor regarding the imposition of sanctions that are regulated in Law No 45 of 2009 concerning amendments to Law No 31 of 2004 concerning fisheries. Based on the explanation above, the authors are interested to do a research entitled “Criminal Liability of Fishery Perpetrator According to Fishery Law Number 45 of 2009
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