Tinjauan Yuridis Terhadap Tindak Pidana Illegal Fishing yang Dilakukan Secara Terorganisir (Studi Kasus Putusan No.17/Pid.Sus.P/2013/PN.MDN)

Abstract

Diversity of Indonesia's marine resources include fish resources and the resources of coral reefs. Indonesia's coral reefs covering approximately 7000 km and has more than 480 species of coral have been successfully described. The extent of the area of coral make Indonesia as a country that has a particularly high Diversity fish reef fishes are more than 1,650 species of fish. The notion of the criminal offenses in the Code of Penal (Penal Code) is known as straftbaar feit an original term Dutch translated into Indonesian by a variety of meanings among which, crime, offense, criminal act, criminal act or acts that can be convicted. Illegal fishing is a foreign term popularized by legal experts in Indonesia, which later became a popular term in the mass media and serve as a legal study that appeals to environmentalists. In the terminology of illegal fishing of literally understanding is derived from English. In The Contemporary English Indonesian Dictionary stated that "illegal" means unauthorized, prohibited or unlawful. "Fish" means fish or fish fillets, and "fishing" means fishing as a livelihood or where to fish. The nature of research used in completing sikripsi this is a description of the analysis leading normative research, which is a form of legal research that is based on the characteristics of jurisprudence that is normative, as well as research that consists of one or more variables that aims to get advice on what to done to address specific problems. Analysis decision No. 17 / Pid.Sus.P / 2013 / PN.MDN, explained that the elements used in taking the judge's decision is an element of every person, knowingly possess, control, carry and / or use the fishing gear and / or tools fishing disrupt and destroy the sustainability of the fishery resources of the fishing vessel, the territory of the republic Indonesia fisheries management, conduct, told to do, and were involved in the act of crime.