Peran Polri Dalam Pemberantasan Praktek Illegal Fishing Di Wilayah Perairan Indonesia
The Republic of Indonesia is an archipelago state with 17.508 islands, 81.000 km2 coastlines consisting of 0.3 millions km2 territorial water (5.17%), 2.8 millions km2 insular water (48.28%), and 2.7 millions km2 Exclusive Economic Zone (46.55%). This fact puts Indonesia on a strategic position and with big fishery resources potentials. To guard this national property in the form of fishery resources, the government needs to take an action and the authority to take the action is delegated to the Indonesian Police as an institution whose duties are to materialize the domestic security, to maintain the community security and order and to reinforce law as being instructed by Law No.2/2002. One of the duties of the Indonesian Police is to eliminate illegal fishing practice. Illegal fishing is an action of stealing conducted by catching fish without licenses called SIUP and SIPI, using the explosives, poisonous materials, dangerous materials, and any other material that can result in the damage and extinct of fishery resources. Law No.31/2004 on Fishery has classified fishery criminal act into 2 (two) kinds of criminal acts, namely, a crime in fishery (Articles 84, 85, 86, 88, 91, 92, 93, and 94) and violation in fishery (Articles 87, 89, 90, 95, 96, 97, 98, 99, and 100). The research problems in this thesis concerns about the characteristics of the criminal act of illegal fishing, the role of the Indonesian Police in the system of criminal responsibility of the actor of the criminal act of illegal fishing, and the constraints faced by the Indonesian Police in dealing with the criminal act of illegal fishing especially the constraints related to the role of the Indonesian Police as the investigator. This is a normative legal study with qualitative juridical approach. As an analytical descriptive study, this study not only describes a condition or good symptom in the system of positive or empirical law but also want to provide the rules as they should be (das sollen). The data obtained were analyzed based on the qualitative approach. The result of this study showed that the elimination of illegal fishing practice which has been implemented by the Indonesian Police was still not optimal especially what was related to controlling activity (because the control facilities and infrastructures are limited, the inadequate quantity of controllers, the uncompleted regulations of legislation in the sector of fishery, fragile inter-law upholder coordination either in the central or local levels, the supervision institution is not well-developed, the system is not yet optimally applied, the license-issuing process is not in order that it is open to license counterfeiting) and the fragile “Law Enforcement” resulted in decreasing of the authority of law, less justice for the society, and increasing violation of law. In addition, the process of upholding the criminal law for illegal fishing practice which put the Indonesian Police in a certain position in the system of criminal trial revealed several limitations especially those related to illegal fishing investigation process such as the coordination and the understanding of PPNS investigators towards the Indonesian Police investigators as the Korwas as stated in the Indonesian Criminal Codes. Another limitation was revealed in the determination of the actors’ responsibility to round up the fishing companies which do the fishing activities in the system of criminal trial. 087005116
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