scholarly journals TINDAKAN KHUSUS BERUPA PEMBAKARAN DAN/ATAU PENENGGELAMAN KAPAL IKAN ASING YANG MELAKUKAN TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 583
Author(s):  
Mangisi Simanjuntak
Keyword(s):  
Preliminary Evidence ◽  
District Court ◽  
Fishing Vessel ◽  
Legal Process ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
Applicable Law ◽  
Illegal Fishing ◽  
Fish Resources ◽  
Fishing Vessels

Abstract In the research shows that the rampant illegal fishing causes Indonesia to lose its fish resources around Rp 30 trillion per year. Fishing vessels caught for committing a criminal offense are processed under applicable law. The legal process took so long that many fishing vessels that were moored at the base were damaged while the finished ones and the ship’s court had been auctioned off but in reality the fishing vessel was back to its owner.For  the settlement of both the necessary special measures of burning and / or drowning with sufficient preliminary evidence and approval of the chairman of the district court as stated in Article 69 paragraph (1), (4) and Article 76A of Law Number 45 Year 2009 concerning Fisheries . Countries whose fishing boats conduct illegal fishing protest against such special measures and how prevention efforts for fishery crimes can be minimized? Specific acts for fishery crimes committed in ZEE Indonesia shall not be made as they are contrary to Article 73 paragraph (2), Article 194, Article 309 of the UN Convention 1982 (Unclos 1982) and Article 15   of Law Number 5 Year 1983 on ZEE Indonesia And Article 104 Paragraph (1) of Law Number 31 Year 2004 concerning Fisheries that permit fishing vessels to be exempted by a ransom of adequate security deposit, by way of a court application. Such application shall be filed by the ship’s captain and / or his or her representative.If the court rejects the aforementioned redemption application then the legal proceedings will continue and if the ship is not redeemed, the legal proceedings continue and there should also be a statement signed by the ship’s captain or the representative of his country stating that his fishing vessel will not be redeemed. Burning and / or The drowning of foreign fishing vessels committing fishery crimes in ZEE Indonesia can only be done if the case has a permanent legal force. To engage in the burning and / or drowning of foreign fishing vessels committing a fishery crime in ZEE Indonesia requires a new legal norm as described above. Keywords: Special Measures of Combustion and/or Drowning of Foreign Fishing Vessels

The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels

2013 ◽  
Vol 1 (1) ◽  
pp. 31-48
Author(s):  
Seokwoo Lee ◽  
Young Kil Park
Keyword(s):  
Immediate Release ◽  
Coast Guard ◽  
The Other ◽  
District Court ◽  
Appellate Court ◽  
Legal Analysis ◽  
Fishing Vessel ◽  
Trial Court ◽  
Illegal Fishing ◽  
Fishing Vessels

Abstract On April 20, decisions were issued in two cases concerning Chinese sailors engaged in illegal fishing activities. In one case, a Korean Coast Guard officer was stabbed to death in December 2011 in the process of detaining an illegal Chinese fishing vessel. The trial court, Incheon District Court – Criminal Division, handed down a 30 year prison term and fine of 20 million won to the captain of the Chinese vessel, Luwenyu no. 29, who was responsible for the stabbing. The other sailors and the captain of another Chinese vessel, Lihaoyu, were sentenced between 18 months to 5 years in prison for interfering with the detention.1 The other case occurred in November 2011 where, in the process of detaining a Chinese fishing vessel that had intruded upon Korean territorial waters northwest of Chujado of Jeju to engage in fishing activities, Chinese sailors wounded 5 Korean Coast Guard officers, inflicting upon them injuries that required 2 to 7 weeks of recuperation. The Jeju Regional Court, an appellate court, affirmed the decision of the trial court – which sentenced the Chinese captain to one year and the other two sailors to 14 months – and dismissed the appeals.2 The two cases show a strong determination on the part of the judiciary to deal with the systematic and violent resistance to the prevention of illegal fishing. This paper is a legal analysis of the detention of foreign vessels engaging in illegal fishing. It first looks at the international and domestic regulations concerning illegal fishing, and then proceeds to discuss the issues of security and immediate release following arrest.

scholarly journals Law Enforcement in Indonesia's Exclusive Economic Zone in the Framework of Indonesia's National Interest in the Marine Sector

2021 ◽  
Vol 8 (9) ◽  
pp. 167
Author(s):  
Bambang S. Irianto ◽  
Made Warka ◽  
Otto Yudianto
Keyword(s):  
Law Enforcement ◽  
National Interest ◽  
Preliminary Evidence ◽  
Maritime Security ◽  
Deterrent Effect ◽  
Fishing Vessel ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Marine Areas ◽  
Fishing Practices

For law enforcement in the IEEZ in the context of Indonesia's national interest in the marine sector, the Indonesian Navy, the Maritime Security Agency (Bakamla), and the Ministry of Maritime Affairs and Fisheries (KKP) have carried out the execution of the sinking of foreign fishing vessels caught carrying out illegal fishing practices in the territorial waters Indonesia. This policy is intended as a stern warning to the perpetrators of illegal fishing as well as a form of Indonesia's commitment in monitoring and enforcing the law in Indonesian marine areas, which will continue to be carried out in order to have a deterrent effect on the perpetrators. However, the act of catching foreign fishing vessels is carried out, still based on the applicable rules and regulations, as well as the fulfillment of sufficient initial evidence.  Sufficient preliminary evidence to arrest a foreign-flagged fishing vessel is evidence that suspects a criminal act in the field of fisheries by a foreign-flagged fishing vessel.

scholarly journals ANALISIS PENGAWASAN KAPAL PERIKANAN TERHADAP PENANGGULANGAN ILLEGAL FISHING DI PERAIRAN KABUPATEN KEPULAUAN SANGIHE, INDONESIA

2018 ◽  
Vol 7 (2) ◽  
pp. 115
Author(s):  
Bayu Y. Suharto ◽  
Johnny Budiman ◽  
Denny BA Karwur
Keyword(s):  
Law Enforcement ◽  
Policy Implementation ◽  
Central Government ◽  
Process Analysis ◽  
The Philippines ◽  
Fishing Vessel ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Hierarchy Process

Kabupaten Kepulauan Sangihe termasuk wilayah yang berbatasan langsung dengan negara lain yaitu Philipina dan juga mempunyai karakteristik wilayah perairan yang memiliki keragaman sumberdaya hayati yang bernilai ekonomis tinggi. Permasalahan yang dihadapai saat ini adalah masih maraknya kegiatan illegal fishing yang terjadi baik dilakukan oleh kapal ikan asing ataupun kapal ikan Indonesia. Tujuan dari penelitian ini adalah menganalisis stakeholder prioritas dan faktor-faktor penting dalam pengawasan kegiatan illegal fishing. Metode analisis yang digunakan adalah Analisis AHP (Analisis Hirarki Proses) yaitu untuk menentukan stakeholder prioritas dan faktor-faktor prioritas dalam pengawasan kapal perikanan dan meningkatkan strategi penerapan kebijakan yang tepat dalam kegiatan pengawasanillegal fishing di wilayah perairan Kabupaten Kepulauan Sangihe. Hasil penelitian ini menunjukan bahwa pemerintah pusat menjadi stakholder prioritas dalam pengawasan kegiatan illegal fishing di perairan Kabupaten Kepulauan Sangihe, yang didukung oleh kegiatan penegakan hukum dan peran dari pemerintah daerah. Faktor-faktor penting dalam pengawasan kegiatan illegal fishing yaitu ketersediaanya sarana, prasarana pengawasan dan anggaran pengawasan serta ditunjang dengan sumber daya manusia pengawas yang terampil dan juga sosialisasi peraturan sehingga kegiatan pengawasan kapal perikanan dapat berjalan dengan optimal.Title: Analysis of Fishing Vessel Supervision on Illegal Fishing Control in the Waters of The Regency of Sangihe Islands, IndonesiaThe regency of Sangihe Islands belongs to an area directly bordering with the neighborhood country, the Philippines and also possesses a typical marine waters with diverse highly economic living resources. Recent problem is illegal fishing practices done by either Indonesian or foreign fishing vessels. Analyze stakeholder priorities and important factors in controlling the illegal fishing activities. The study used a Hierarchy Process Analysis to determine the priority stakeholders and the priority factors in fishery vessel supervision and develop the appropriate policy implementation strategy in illegal fishing surveillance activities in the territorial waters of Sangihe Islands Regency. Results indicated that the Central Government became the priority stakeholder in supervising the illegal fishing in the waters of Sangihe Islands regency, supported by law enforcement activities and the role of the local government. Important factors in the supervision of illegal fishing activities are availability of facilities, monitoring infrastructure and supervision budget and supported by skilled human resources supervisor and also socialization of regulation so that fishery supervision activity can run optimal.

scholarly journals CRIMINAL POLICY IN THE SHIPMENT OF FOREIGN FISHERMAN SHIPS IN THE PERSPECTIVE OF ECONOMIC ANALYSIS

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sri Dwi Retno Ningsih ◽  
Adi Sulistyono
Keyword(s):  
Law Enforcement ◽  
Economic Analysis ◽  
Criminal Policy ◽  
Deterrent Effect ◽  
Criminal Punishment ◽  
Illegal Fishing ◽  
Fish Resources ◽  
Fishing Vessels ◽  
Operational Costs

The theft of fish resources in the Indonesian sea has caused huge losses to the fisheries sector in order to realize the welfare of the community. The Ministry of Maritime Affairs and Fisheries adopted a strict policy to eradicate illegal fishing through the act of sinking illegal fishing vessels. The magnitude of Indonesia's marine and fisheries wealth cannot be utilized optimally. Law enforcement is very important to deal with violations of law in Indonesian waters. One form of law enforcement is to implement policies such as sinking foreign vessels that steal fish in Indonesian waters while taking into account the efficiency and effect of deterrent effect on perpetrators of fish theft. The sinking policy of foreign fish-stealing vessels in Indonesian waters was pursued to secure the sea from looting by foreign parties. This policy will continue even though it could risk creating friction with the countries of origin of the foreign ship. Based on economic analysts on illegal fishing crimes, criminal fines can be used as an alternative to criminal punishment in addition to imprisonment in order to minimize operational costs of law enforcement.

scholarly journals Tindak Pidana Penganiayaan tidak tepat Sasaran dalam Perspektif Pasal 351 ayat (2) Kitab Undang-Undang Hukum Pidana dan Hukum Pidana Islam (Analisis Putusan Majelis Hakim Pengadilan Negeri Bangkalan Nomor 431/pid.b/2018/pn bkl)

2020 ◽  
Vol 3 (2) ◽  
pp. 187-204
Author(s):  
R Arif Muljohadi ◽  
Abd Wahid ◽  
Abd Wahid
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
District Court ◽  
Criminal Offense ◽  
Applicable Law ◽  
Library Research ◽  
The Law ◽  
One Year ◽  
Legal Force

The main problem in this research is regarding a persecution committed by the perpetrator as a result of being driven by emotions due to things that are not yet clear, so that what he has done results in harm to other people who do not have any problems with him. So it can be concluded that the perpetrator has committed a maltreatment on purpose but not on target.This type of research uses the library research method (Library Research), which is a technique by conducting an inventory of statutory regulations and documents, also using literature obtained from the decision of the Panel of Judges which has permanent legal force based on the decision of the Panel of Judges at the Bangkalan District Court Number: 431 / Pid.B / 2018.PN Bkl.The results of this study indicate that the technique of the criminal act of persecution either intentionally or unintentionally is an act that is prohibited in Islam. who later will get sanctions, while the sanctions obtained by the perpetrators of this criminal offense of persecution is the law of qishāsh as explained in the Nash Al-Qur'an, so that the substitute punishment for it is diyat or ta'zir. However, when viewed from the applicable law in Indonesia, the perpetrator is subject to imprisonment and a fine in accordance with Article 351 of the Criminal Code concerning maltreatment. Judging from the decision of the Panel of Judges Number 431 / Pid.B / 2018 / PN Bkl that the perpetrator is subject to imprisonment for 1 (one) year and 5 (five) months imprisonment and a case fee of Rp. 2000., (two thousand rupiah).

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

scholarly journals Fisheries: A Missing Link in Greenhouse Gas Emission Policies in South Korea

2021 ◽  
Vol 13 (11) ◽  
pp. 5858
Author(s):  
Kyumin Kim ◽  
Do-Hoon Kim ◽  
Yeonghye Kim
Keyword(s):  
Greenhouse Gas ◽  
Greenhouse Gas Emission ◽  
Ghg Emissions ◽  
Bioeconomic Model ◽  
Negative Externalities ◽  
Fishing Vessel ◽  
Gas Emission ◽  
Fishing Vessels ◽  
The Government ◽  
Different Levels

Recent studies demonstrate that fisheries are massive contributors to global greenhouse gas (GHG) emissions. The average Korean fishing vessel is old, fuel-inefficient, and creates a large volume of emissions. Yet, there is little research on how to address the GHG emissions in Korean fisheries. This study estimated the change in GHG emissions and emission costs at different levels of fishing operations using a steady-state bioeconomic model based on the case of the Anchovy Tow Net Fishery (ATNF) and the Large Purse Seine Fishery (LPSF). We conclude that reducing the fishing efforts of the ATNF and LPSF by 37% and 8% respectively would not only eliminate negative externalities on the anchovy and mackerel stock respectively, but also mitigate emissions and emission costs in the fishing industry. To limit emissions, we propose that the Korean government reduce fishing efforts through a vessel-buyback program and set an annual catch limit. Alternatively, the government should provide loans for modernizing old fishing vessels or a subsidy for installing emission abatement equipment to reduce the excessive emissions from Korean fisheries.

ANALYSIS AGAINST ARREST SUSPECT IN POLICE REGULATION NO. 14 YEAR 2012 ON THE CRIME INVESTIGATION MANAGEMENT (CASE STUDY IN NORTH BOGOR POLICE)

2015 ◽  
Vol 1 (2) ◽  
pp. 76-92
Author(s):  
Dadang Suprijatna ◽  
Indralis Wardana ◽  
Fahrul Siregar
Keyword(s):  
Police Officers ◽  
Preliminary Evidence ◽  
Criminal Offense ◽  
Arrest Warrant ◽  
The Public ◽  
The North ◽  
The Republic ◽  
Search For Information ◽  
Management Case Study

ABSTRACTThe method used in this thesis is a normative juridical research that is the approach that uses the concept of positive legality which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. For the purposes of the investigation, investigators at the behest of investigators authorized to make arrests also for the sake of the investigation, the investigator and the investigator maid authorities make arrests. Arrest order made against a person who alleged a criminal offense based on sufficient preliminary evidence. Execution of tasks arrests were made by police officers of the Republic of Indonesia by taking into account the Letter of Assignment and gives an arrest warrant that lists the suspect's identity and mentions the reason for arrest and brief descriptions of crimes that presupposed and place in check, in which case caught arrests made without warrants, provided that the catcher should be immediately handed caught and existing evidence to the investigator or the investigator's closest aides, ransom arrest warrant should be given to the family immediately after the arrest is done, can be done for a maximum of one day. The conclusion of this study are 1) The arrest of the perpetrators of the process by members of the police force North Bogor Police first is the start of the search for information, arrest / raids, searches of perpetrators, confiscation of evidence to facilitate the examination of the offender. 2) Barriers experienced by members of the North Bogor Police in the execution of the arrest of a criminal offense (a) Lack of cooperation between the police (investigators) to the public; (b) Perpetrators of the crime of removing traces of the crime; (c) Limited facilities and prasarana.yang owned by North Bogor Police; (d) .Terbatasnya human resources (police) to uncover a crime. 3) Efforts by the North Bogor Police to overcome the obstacles in the process of the arrest of perpetrators of criminal acts as follows: (a) Fix yourself to socialize paradigm shift to community policing. (b) Provide an opportunity for the whole society to provide input to the North Bogor Police. (c) Guidance personnel are able to provide persuasive measures. (d) Propose to the City Police Bogor on procurement operational support facilities.

scholarly journals KERUGIAN SUMBER DAYA IKAN AKIBAT PRAKTIK MARK DOWN KAPAL PENANGKAP IKAN DI INDONESIA

2018 ◽  
Vol 12 (2) ◽  
pp. 133
Author(s):  
Maulana Firdaus ◽  
Yesi Dewitasari ◽  
Radityo Pramoda ◽  
Sonny Koeshendrajana
Keyword(s):  
Good Governance ◽  
Secondary Data ◽  
Resource Depletion ◽  
Economic Loss ◽  
Study Data ◽  
Production Model ◽  
Fishing Vessel ◽  
Sustainable Fisheries ◽  
Fish Resources ◽  
Iuu Fishing

Dampak praktik Illegal Unreported and Unregulated Fishing (IUUF) telah mengakibatkan terganggunya pengelolaan pemanfaatan perikanan yang berkelanjutan dan menimbulkan kerugian ekonomi. Praktik mark down ukuran kapal penangkapan ikan merupakan salah satu penyalahgunaan perizinan dalam konteks praktik IUUF. Penelitian ini bertujuan untuk mengkaji nilai kerugian sumber daya ikan (deplesi sumber daya) akibat praktik “mark down” ukuran kapal penangkap ikan yang dilakukan di Indonesia. Penelitian dilaksanakan pada bulan Maret – April 2017 bersifat ‘desk study’ dan dilengkapi dengan kajian literature terkait. Data sekunder dan primer digunakan dalam penelitian ini. Analisis data dilakukan melalui Pendekatan Surplus Produksi Model Schaefer digunakan dalam penelitian ini. Nilai kerugian sumber daya ikan diketahui berdasarkan nilai deplesinya. Nilai deplesi sumber daya menggunakan pendekatan The Net Price Method. Hasil penelitian menunjukkan bahwa adanya praktik “mark down” telah menyebabkan deplesi sumber daya ikan atau pengurangan aset sumber daya ikan di perairan Indonesia. Besarnya nilai deplesi sumber daya pada tahun 2015 mencapai 9,83 trilyun rupiah dan diprediksi pada tahun 2020 meningkat menjadi 14,55 trilyun rupiah. Kajian merekomendasikan perlunya percepatan pengukuran ulang kapal perikanan dan penerapan sangsi yang tegas terhadap pelanggar sehingga tata kelola pemanfaatan sumber daya perikanan tangkap yang baik yang mampu mewujudkan pengelolaan perikanan yang berkelanjutan di Indonesia. Tittle: Fish Resources Losses Due to Mark Down Fishing Vessel Practiced in IndonesiaThe impact of IUU fishing has resulted in management disorder of sustainable fisheries and it caused economic loss. Markdown in vessels size is one type of manipulation practices of license in IUU fishing. This study aims to analyze the loss value of fish resources (resource depletion) due to the “markdown” practices in Indonesia. The study was basically a desk study completmenting with relevant literatures review during March – April 2015. Primary and secondary data were used in this study. Data were analyzed using the Schaefer surplus production model approached. Loss value of fish resources was estimated in terms of depletion resource value using the Net Price Method. The research found that “mark down” has led to depletion or reduction of fish resources in Indonesian waters. The estimated value of resource depletion in 2015 reached 9.83 trillion rupiahs and it is predicted to rise into 14.55 trillion rupiahs in 2020. The research suggests the need to accelerate the process of re-measuring the size of fishing vessel as well as to impose sanctions for the disobedience of the rules, so that Indonesia could have a good governance in fisheries resource management with sustainable fisheries resources.

scholarly journals PERBANDINGAN KAPAL MONOHULL, CATAMARAN, TRIMARAN BERDASARKAN TINJAUAN OPERASIONAL PENGGUNAAN BAHAN BAKAR

2021 ◽  
Vol 4 ◽  
pp. 30-36
Author(s):  
Jacobus Tupan ◽  
Richard Benny Luhulima
Keyword(s):  
Data Analysis ◽  
Energy Requirements ◽  
Energy Usage ◽  
Fishing Vessel ◽  
Fishing Vessels ◽  
Initial Stage ◽  
Transverse Stability ◽  
Fishing Fleets

In general, fishing fleets operating in Maluku waters and managed by local entrepreneurs consist of monohull and trimaran fishing vessels with outriggers. Monohull fishing vessels have limited deck space and poor transverse stability, while trimaran-type vessels have better deck space and transverse stability than monohull vessels, but because they are still in the form of outriggers, the space is limited. This study aims to examine the development of the trimaran fishing vessel in terms of energy requirements, safety, and comfort of the crew during fishing operations. The initial stage of this research begins with data analysis and the basic size of monohull fishing vessels operating in Maluku waters, from this data the shape of the trimaran hull is designed. Calculation of resistance using CFD, then analyzed the calculation of resistance and stability, safety, and comfort of the ship using Maxsurf. The drag Trimaran is 8.86% smaller than a monohull and 3.25% smaller than a catamaran. Energy Usage (EHP) is proven by trimaran ships more than other ship modes. The average trimaran period is 10.5 seconds which meets IMO standards and is declared operationally good.

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