Criminal Accountability For Fishermen Who Use Fishing Gear That Interfere And Damage The Sustainability Of Fish Resources Based On RI Law No.31 Of 2004 Jo RI Law No.45 Of 2009 Concerning Fisheries (Decision Study No.11/PID.Sus-PRK/2016/PN.Mdn)

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Criminal Responsibility for Fishermen Who Use Fishing Gear that Interfere and Damage the Sustainability of Fish Resources Based on RI Law No. 31 of 2004 Jo RI Law No. 45 of 2009 Concerning Fisheries (Study of Decision No. 11/Pid.Sus-PRK/2016/pn.mdn)

Introduction

Fisheries in Indonesia are one of the most valuable natural resources, and their management is crucial for improving the welfare of the community. However, if not managed properly, fisheries can become a field of criminal acts that damage the marine ecosystem and result in large losses for the country. This article discusses criminal accountability for fishermen who use fishing gear that damage the sustainability of fish resources in accordance with RI Law No. 31 of 2004 jo RI Law No. 45 of 2009 concerning Fisheries, as well as analyzing Decision No. 11/PID.SUS-PRK/2016/PN.Mdn.

The Importance of Fisheries Management in Indonesia

Fisheries in Indonesia are a vital source of income for millions of people, and their management is crucial for ensuring the sustainability of marine ecosystems. The Indonesian government has implemented various regulations to manage fisheries, including Law No. 31 of 2004 and Law No. 45 of 2009. These laws regulate various aspects related to criminal acts in the field of fisheries, including the use of destructive fishing gear.

Regulation of Fisheries Criminal Acts in Indonesia

Law No. 31 of 2004, which was then amended by Law No. 45 of 2009, regulates various aspects related to criminal acts in the field of fisheries. In this regulation, fisheries crime is divided into two categories: crime and violations. Crimes usually involve large losses or threats to the sustainability of fish resources, while violations are more related to administrative or technical violations.

Types of Fisheries Crimes

Fisheries crimes can be divided into two categories: crime and violations. Crimes usually involve large losses or threats to the sustainability of fish resources, while violations are more related to administrative or technical violations.

  • Crimes: These are serious offenses that involve large losses or threats to the sustainability of fish resources. Examples of crimes include the use of destructive fishing gear, overfishing, and fishing in protected areas.
  • Violations: These are less serious offenses that involve administrative or technical violations. Examples of violations include failing to report fishing activities, failing to pay fishing fees, and using fishing gear that does not meet safety standards.

Decision Analysis No. 11/PID.SUS-PRK/2016/PN.Mdn

Decision of Medan District Court Judge No. 11/Pid.Sus-PRK/2016/PN.Mdn highlights how the justice system responds to the actions of fishermen who use destructive fishing gear. In the analysis of the decision, the panel of judges considers several aspects, such as the principle of justice, legal propriety, and legal certainty.

Key Considerations in the Decision

The decision analysis highlights several key considerations, including:

  • Principle of Justice: The principle of justice is a fundamental concept in the justice system. It requires that the punishment fit the crime, and that the defendant is treated fairly and impartially.
  • Legal Propriety: Legal propriety refers to the proper application of the law. In this case, the panel of judges considered whether the defendant's actions were in accordance with the law, and whether the punishment was appropriate.
  • Legal Certainty: Legal certainty refers to the clarity and predictability of the law. In this case, the panel of judges considered whether the law was clear and predictable, and whether the defendant had a fair understanding of the law.

Recommendations for Handling Fisheries Criminal Acts

Based on the results of research and decision analysis, it is recommended to the relevant authorities to conduct routine raids in Indonesian waters to minimize the occurrence of fishery crimes. In addition, it is also important to form a Fisheries Court in all provinces in Indonesia under the local District Court.

Benefits of Routine Raids

Routine raids can help to minimize the occurrence of fishery crimes by:

  • Preventing Crimes: Routine raids can help to prevent crimes by identifying and apprehending individuals who are likely to commit crimes.
  • Reducing Losses: Routine raids can help to reduce losses by preventing the use of destructive fishing gear and other forms of fishing that damage the marine ecosystem.
  • Increasing Effectiveness: Routine raids can help to increase the effectiveness of law enforcement by providing a deterrent effect for lawbreakers.

Benefits of Forming a Fisheries Court

Forming a Fisheries Court in all provinces in Indonesia under the local District Court can help to increase the effectiveness of law enforcement by:

  • Providing a Deterrent Effect: A Fisheries Court can provide a deterrent effect for lawbreakers by imposing severe sanctions for those who commit fisheries crimes.
  • Increasing Efficiency: A Fisheries Court can increase efficiency by providing a specialized court that is dedicated to handling fisheries crimes.
  • Improving Justice: A Fisheries Court can improve justice by providing a fair and impartial trial for defendants.

Conclusion

Fisheries in Indonesia are a vital source of income for millions of people, and their management is crucial for ensuring the sustainability of marine ecosystems. The Indonesian government has implemented various regulations to manage fisheries, including Law No. 31 of 2004 and Law No. 45 of 2009. These laws regulate various aspects related to criminal acts in the field of fisheries, including the use of destructive fishing gear. By carrying out routine raids and forming a Fisheries Court, the relevant authorities can help to minimize the occurrence of fishery crimes and ensure the sustainability of marine ecosystems.
Frequently Asked Questions (FAQs) about Criminal Responsibility for Fishermen Who Use Fishing Gear that Interfere and Damage the Sustainability of Fish Resources

Q: What is the main purpose of the article?

A: The main purpose of the article is to discuss criminal accountability for fishermen who use fishing gear that damage the sustainability of fish resources in accordance with RI Law No. 31 of 2004 jo RI Law No. 45 of 2009 concerning Fisheries, as well as analyzing Decision No. 11/PID.SUS-PRK/2016/PN.Mdn.

Q: What are the key regulations related to fisheries criminal acts in Indonesia?

A: The key regulations related to fisheries criminal acts in Indonesia are Law No. 31 of 2004 and Law No. 45 of 2009. These laws regulate various aspects related to criminal acts in the field of fisheries, including the use of destructive fishing gear.

Q: What are the types of fisheries crimes in Indonesia?

A: Fisheries crimes in Indonesia can be divided into two categories: crime and violations. Crimes usually involve large losses or threats to the sustainability of fish resources, while violations are more related to administrative or technical violations.

Q: What is the significance of Decision No. 11/PID.SUS-PRK/2016/PN.Mdn?

A: Decision No. 11/PID.SUS-PRK/2016/PN.Mdn highlights how the justice system responds to the actions of fishermen who use destructive fishing gear. In the analysis of the decision, the panel of judges considers several aspects, such as the principle of justice, legal propriety, and legal certainty.

Q: What are the benefits of routine raids in Indonesian waters?

A: Routine raids can help to minimize the occurrence of fishery crimes by preventing crimes, reducing losses, and increasing effectiveness.

Q: What are the benefits of forming a Fisheries Court in all provinces in Indonesia under the local District Court?

A: Forming a Fisheries Court can help to increase the effectiveness of law enforcement by providing a deterrent effect, increasing efficiency, and improving justice.

Q: What is the main recommendation for handling fisheries criminal acts?

A: The main recommendation is to conduct routine raids in Indonesian waters to minimize the occurrence of fishery crimes, and to form a Fisheries Court in all provinces in Indonesia under the local District Court.

Q: What is the expected outcome of implementing the recommendations?

A: The expected outcome is that the management of fish resources in Indonesia can be better, and the sustainability of marine ecosystems can be maintained for the welfare of the people and the state.

Q: What is the significance of the article in the context of fisheries management in Indonesia?

A: The article highlights the importance of fisheries management in Indonesia, and the need for effective regulations and enforcement to prevent fisheries crimes and ensure the sustainability of marine ecosystems.