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Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

JURIDIC ANALYSIS OF FISHERY CRIMINAL ACTIONS TO REALIZE THE SOVEREIGNTY OF THE NATION AND THE STATE (Research Study at Batam Marine and Fishery Resources Supervision Base Office) Kotot Setiadi; Idham Idham; Parameshwara Parameshwara; Fadllan Fadllan; Erniyanti Erniyanti; Ramlam Ramlam
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.441

Abstract

In Indonesia, there are many illegal economic problems, but one of the most detrimental to the state is the problem of Illegal, Unregulated, and Unreported Fishing Practices (IUU Fishing) by foreign ships. IUU Fishing is defined as illegal fishing activities, not reported to the authorized fisheries management institution, and fishery activities that have not been regulated in existing regulations. So the role of law enforcement is very important to tackle acts of lawlessness in Indonesian waters. The form of law enforcement is to implement government policies by applying criminal sanctions in the form of fines, confinement, confiscation/confiscation of evidence and sinking foreign ships that steal fish in Indonesian waters. Article 8 of Law no. 45 of 2009 concerning Fisheries states "Everyone is prohibited from catching fish and/or raising fish using chemicals, biological materials, explosives, tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the area. fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. tools and/or buildings that can harm and/or endanger the sustainability of fish resources and/or the environment in the fishery management area of the Republic of Indonesia.” The fact states that the auction with the practice of this fishing mafia can only harm the State of Indonesia because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. "The fact is that the auction with the practice of this fishing mafia can only harm the Indonesian state because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia. "The fact is that the auction with the practice of this fishing mafia can only harm the Indonesian state because the costs of fishing operations, ship ad hoc fees, mooring ships and feeding the crew during the court process are not commensurate with the auction results that go into the state treasury. The policy regarding the sinking of foreign ships that carry out illegal fishing activities is a significant policy in preventing the occurrence of fishing theft in the marine territory of the Republic of Indonesia.
JURIDICAL ANALYSIS OF AUTHORITY OF SEA AND COASTAL GUARDIANS TO REALIZE THE SOVEREIGNTY OF NATIONS AND STATES Lilik Hariyanto; Dahlan Dahlan; Erniyanti Erniyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.454

Abstract

Ensuring the safety and security of shipping in Indonesian waters certainly cannot be separated from the role of the Marine and Coastal Guard Unit in carrying out its functions as a guard and enforcer of laws and regulations at sea and coast, which is the oldest organization in Indonesia that carries out guarding and law enforcement at sea. The history of the Marine and Coastal Guard Unit which began before Indonesia's independence. The problem in this research is how to regulate the legal authority of the Marine and Coast Guard to realize sovereignty, how to implement the authority and what factors are obstacles in exercising the authority to realize the sovereignty of the nation and state. This study uses a descriptive method with the type of normative and sociological research using a normative approach (legal research) to obtain primary data through field research. Shipping in Indonesia refers to Law No. 17 of 2008 and Decree of the Minister of Transportation No. 65 of 2002 concerning the Organization and Work Procedures of Marine and Coast Guard Bases, the authority of the marine and deep coast guarding unit to realize the sovereignty of the nation and state. The conclusion of this study is that the Government as the maker and implementer of laws is expected to make special legislation that discusses the authority of law enforcement agencies at sea to become one door in the prosecution of violations at sea,