Analysis of Law Enforcement Against Criminal Action on Illegal Fishing (Case Study of MV Hai Fa)

Yusuf Nur Arifin

Abstract


The MV Hai Fa case has taken the public's attention for almost the last 5 years after the court ruling was issued by the Ambon Court. MV Hai Fa was declared proven to have captured 15 tons of spike shark (Carcharhinus spp) and hammerhead shark (Sphyrna lewini) which are some of the protected species of marine animals as stated in the Minister of Maritime Affairs and Fisheries Regulation Number 59 of 2014 concerning Prohibition of Fish Expenditures Cowboy sharks (Carcharhinus spp) and hammerhead sharks (Sphyrna lewini) outside the territory of the Republic of Indonesia and violating Article 100 in conjunction with Article 7 paragraph (2) letter m law No. 45 of 2009 concerning amendments to Law No.31 of 2004. This study uses normative legal research methods with a case, concept, law and comparison approach with the aim of knowing and analyzing the law enforcement process against illegal fishing cases by MV Hai Fa in Indonesian waters as well as analyzing comparative reviews of national law and international law in MV Hai Fa case and the government system owned by Vietnam and Australia. The results of the study concluded that the need for a government institution which is appointed by the President could carry out full coordination and supervision until the judicial process and that the revision of fisheries law which has more severe sanctions were adjusted to international law and the material and immaterial losses caused by the crime.


Keywords


Law enforcement, illegal fishing, MV Hai Fa cases

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References


Legislation

The 1945 Constitution of the Republic of Indonesia.

Law Number 6 of 1996 concerning Indonesian waters.

Republic of Indonesia Law No. 34/2004 about TNI.

Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 2004 concerning Fisheries.

Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law (Sea of the United Nations Convention on the Law of the Sea) (State Gazette of the Republic of Indonesia of 1985 Number 76).

Supplement to the State Gazette Number 3319), Sea safety procedures issued by Chief of Naval Staff Rule Number 32 of 2009 and court decisions agree with the problem under investigation.

Secondary Legal Material in this writing obtained from law books, papers, literature, opinions of legal experts.

Books

Cahyaningrum, Dian, (2015) Law Enforcement in the MV Hai Fa Ship Case, in the April 2015 Edition of P3DI Legal Journal.

Djalal, Hasjim, (1979) Indonesia's Struggle in the Field of Sea Law, Bandung.

Indonesia Ministry of Communication and Information, (2000) Data of Food and Agriiculture Organization (FAO) Fisheries Department Staff, The State of World Fisheries and Aquaculture.

Head of Ambon Lantamal IX Head Office, (2015) Chronological Report on the Investigation of KM Hai Fa, Ambon Head of Lantamal IX.

Lonthor, Ahmad, Arrangement of Exploitation of Marine Resources in Southeast Maluku, (2014) Sociological Review of Customary Law and National Law, in the Dissertation of Postgraduate Program at Hasanudin University Makassar.

Lowe, Churchill V, (1999) The Law of the Sea, Juris Publishing, New York.

Marzuki, Peter Mahmud, (2011) Legal Research, Jakarta: Kencana Prenada Media Group.

Supramono, Gatot, (2011) Criminal Procedure Law and Criminal Law in the field of Fisheries, PT Rineka Cipta, Jakarta.

Supriadi & Alimudin, (2001) Fisheries Law in Indonesia, Palu, Sinar Grafika, 2001.

Tahar, Abdul Muthalib, (2007) International Sea Law According to the 1982 United Nations KHL and the Development of Sea Law in Indonesia, Faculty of Law, International Law Section, Jakarta.

Journals and other Resources

Deny, Septian, 2015, Ministry of Maritime Affairs Find 6 New Violations of MV Hai Fa, https://www.youtube.com (Downloaded on June 18, 2018).

Online News, Heavy Disappointment, Minister Susi Asks the Government to Close the Ambon Fisheries Court, at Http://www.bisniskeuangan.kompas.com/ (accessed 12 June 2018).

Sari, Elisa Valenta, 2015, MV Hai Fa, Illegal Fishing, and the Light Verdict of the Ambon Court, (https://www.cnnindonesia.com, accessed on 13 June 2018).

Sitohang, Tommy, (2005/2006) Illegal Issues, Unregulated, Unreported Fishing and Countermeasures through the Fisheries Court, Journal of Justice Vol.4 No.2.




DOI: http://dx.doi.org/10.30649/htlj.v4i1.146

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