FORMULASI SANKSI TINDAKAN TERHADAP PELAKU PENANGKAPAN IKAN DENGAN MENGGUNAKAN ALAT TANGKAP TERLARANG DI KAWASAN PESISIR

Abstract

Fishing with explosives or blast fishing is very rife, especially in coastal areas where
the main perpetrators are small fishermen. Perpetrators who use prohibited fishing gear, one
of which is the use of explosives, has been regulated in Law No. 45 of 2009 concerning
Amendments to Law No. 31 of 2004 concerning Fisheries. In the regulation of sanctions, the
law only focuses on punishment of perpetrators and there is no regulation of sanctions so that
marine ecosystems damaged by the actions of perpetrators cannot be repaired again.
Therefore, the purpose of this thesis research is first, to describe criminal sanctions against
fishing perpetrators using prohibited fishing gear in the current positive law and the
implementation of the regulation. Second, To formulate the formulation of sanctions for
actions needed to be applied to fishing actors using prohibited fishing gear to protect marine
ecosystems in the future.
This research can be classified into normative types of legal research. In this type of
legal research, often the law is conceptualized as what is written in laws and regulations or
the law is conceptualized as rules or norms that are a benchmark for age behavior that is
considered appropriate. Therefore, the first source of data is only secondary data, consisting
of primary legal material, secondary legal material, and tertiary data.
This study obtained the first result, namely in the regulation of sanctions against
perpetrators of fishing with prohibited fishing gear, namely the use of explosives which has
been regulated in Article 84 paragraph (1) of Law No. 45 of 2009 concerning Amendments to
Law Number 31 of 2004 concerning Fisheries and threatened with a maximum prison sentence
of 6 (six) years and a maximum fine of IDR 1,200,000,000.00 (one billion two hundred million
rupiah). Meanwhile, the crime of blast fishing committed by small fishermen is specifically
regulated in Article 100B of the Fisheries Law. threatened with a maximum imprisonment of
1 (one) year or a maximum fine of Rp250,000,000.00 (two hundred fifty million rupiah).
However, if we look closely, sanctions arrangements only focus on punishment on perpetrators
and there is no sanction arrangement, sanctions are taken so that marine ecosystems are
damaged as a result of the actions of perpetrators that cannot be repaired. Second, the
regulation of criminal sanctions that are relevant for small fishermen who use explosives when
fishing is the renewal of the criminal law by imposing sanctions in an effort to preserve and
utilize marine resources so that they run well.
Keywords: Action Sanctions, Prohibited Fishing Gear, Sanction formulation