The Application of Fine Penalty Against perpetrators of The Crime of Illegal Fishing

Abstract

This research goal is to understand about the application of fine penalty against perpetrators of the crime of illegal fishing at Surabaya District Court. Which is discussing about the implementation of fine penalty against the perpetrators of the crime of illegal fishing and also what is the obstacles in the implementation of fine penalty in illegal fishing against the perpetrators of the crime of illegal fishing. This research using sociological juridical method also known as juridical empirical, in the form of reviewing law clause that applicable and what actually happen in society. The source of the data come from in literature, applicable law rules, and then interview with judge in Surabaya District Court, also with prosecutor in Tanjung Perak Domestic Prosecutor’s office. At the research final result there is found about the application of fine penalty not fully working as it should be because convict prefer to serve the alternative of fine penalty which is in confinement. Subsequently in the implementation itself there is found obstacles in the application of fine penalty which is the perpetrator tend to choose the alternative punishment, having economy difficulty, and the alternative punishment that given is quite easier to do rather than pay the fine. with there is obstacle in it, there is needed some effort so that the fine penalty can be applicated as it should be.