Enforcement of Fisheries Criminal Laws in the Field of Fish Catching and Processing Based on Law Number 45 of 2009 Concerning Fisheries (Case Study of Medan High Court Decision Number: 754/PID.SUS/2015/PT-MDN)

Abstract

The independent and sovereign state of Indonesia has sovereignty and jurisdiction over Indonesian territorial waters as well as the authority to determine provisions regarding the utilization of fish resources, both for fishing and fish cultivation activities while increasing prosperity and justice for maximum utilization in the interests of the nation and state while maintaining pay attention to the principles of preserving fish resources and the environment as well as the sustainability of national fisheries development. Fisheries have an important and strategic role in national economic development, especially in increasing the expansion of employment opportunities, equal distribution of income, and improving the standard of living of the nation in general, small fishermen, small fish farmers, and business actors in the fisheries sector while maintaining the environment, sustainability, and availability of fish resources. In Indonesia, according to Republic of Indonesia Law Number 9 of 1985 and Republic of Indonesia Law Number 31 of 2004, activities included in fisheries start from pre-production, production, processing to marketing which are carried out in a fisheries business system. In the fishing business, fisheries crimes often occur, so it is necessary to enforce the law on fisheries crimes based on Law Number 31 of 2004 and Law Number 45 of 2009