NOVIANDINI, NURFITRIA and Zuhir, Mada Apriandi and Nashriana, Nashriana (2022) PENEGAKAN HUKUM ILLEGAL FISHING DI ZONA EKONOMI EKSKLUSIF INDONESIA (STUDI PUTUSAN HAKIM PENGADILAN NEGERI TANJUNG PINANG). Master thesis, Sriwijaya University.
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Abstract
The title of this study is Enforcement of Illegal Fishing Laws in the Indonesian Exclusive Economic Zone (Study of Tanjung Pinang District Court Judge's Verdict). The Republic of Indonesia is one of the countries with the world's largest body of water; two-thirds of its area is water. These bodies of water which are bordered by other countries often cause legal problems, especially fisheries crimes. Fisheries Crime is regulated in Law No. 45 of 2009 concerning Fisheries and, in addition, the United Nations Convention on the Law of the Sea of 1982. However, in law enforcement in Indonesia, there are still differences, especially in terms of court sentences. In the international convention, it is stipulated that a coastal state cannot impose a sentence of imprisonment on foreign violators, but in practice, there are still imprisonment sentences. This study tries to analyze the application of criminal sanctions given to foreign fishermen who commit fisheries crimes in the Exclusive Economic Zone based on Law Number 31 of 2004 concerning Fisheries and the United Nations Conventions on The Law of The Sea 1982 (UNCLOS), and evaluate the decision in Case No. 107/Pid.B/2009/PN.TPIRNI and Case No. 38/Pid.Sus-Prk/2017/PN.Tpg. This study uses normative legal research method, with law, sass, conceptual and historical approaches. The result of the study shows that the application of criminal sanctions for illegal Fishing that does not have a Fishing License in Indonesia is still imprisonment for foreign fishers. Key words: Illegal Fishing; Foreign Fisherman; Criminal Sanctions; Exclusive Economic Zone
Item Type: | Thesis (Master) |
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Uncontrolled Keywords: | Illegal Fishing,Foreign fisherman,Exlusive Economic Zone |
Subjects: | K Law > K Law (General) > K1150-1231 Maritime law |
Divisions: | 02-Faculty of Law > 74101-Law (S2) |
Depositing User: | Nurfitria Noviandini |
Date Deposited: | 11 Aug 2022 04:01 |
Last Modified: | 11 Aug 2022 04:01 |
URI: | http://repository.unsri.ac.id/id/eprint/77033 |
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