Abstract
Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.
Highlights
As an archipelagic island country, Indonesia has a larger ocean territory area than its land territory, that is 9: 1 (Etty, 1991), and geographically it is lying in a strategic position between two continents (Asia and Australia) and two oceans (Pacific and Indian) (Atja, 1993)
Law comparison approach is applied to find the similarities and the differences regulation of fisheries criminal act investigation authority in criminal justice system of Indonesia, by comparing regulation of investigation authority owned by other country which is going to be used as comparison
Marine resources potential as well as fisheries owned by Indonesia as archipelagic island country is very rich
Summary
As an archipelagic island country, Indonesia has a larger ocean territory area than its land territory, that is 9: 1 (Etty, 1991), and geographically it is lying in a strategic position between two continents (Asia and Australia) and two oceans (Pacific and Indian) (Atja, 1993). Second emerged problem which is the occurrence of criminal judicature system theory shift, from which the investigation norm of fisheries criminal act has the same authority to investigate and submit its investigation report to public prosecutor, has a potential ability to break the arranged criminal judicature system as referred to Law No 8 of 1981 This law acknowledges that police has a duty of being the main investigator, coordinator and the supervisor of a civil servant investigator. There is a shift in article 73 of Law No 45 of 2009 saying that Fishery Civil Servant Investigator, Indonesian Navy and Police has an equal position and has an authority to submit their investigation report to public prosecutor This case is in contradiction to criminal justice system by proposing coordination among the existing sub systems including investigation. This study is conducted by closely watching laws and regulations which had applied and is applicable (ius constituendum) trying to formulate regulation of fisheries criminal act investigation authority for the future (ius constituendum)
Sign-in/Register to view highlights & summary 
Published Version (
Free)
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call