Penegakan Hukum Pidana Berlayar Tanpa Izin Dan Surat Persetujuan Dari Syahbandar Di Wilayah Hukum Pegadilan Tanjung Balai Karimun(116/PID.SUS/2020/PN Tbk)

Farhan, Alif Muhammad (2022) Penegakan Hukum Pidana Berlayar Tanpa Izin Dan Surat Persetujuan Dari Syahbandar Di Wilayah Hukum Pegadilan Tanjung Balai Karimun(116/PID.SUS/2020/PN Tbk). Other thesis, Universitas Islam Riau.

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Abstract

The enforcement of the Criminal Law of Sailing (Sailing) Without Permission in Law Number 17 of 2008 concerning Shipping, has clearly prohibited all forms of activity, especially not having a sailing approval letter. The crime of shipping is a crime that has a criminal sanction of fines and imprisonment in accordance with what is stated in Article 1 point (1) of Law Number 17 of 2008. However, the existence of these regulations does not also make the perpetrators of the shipping a deterrent. However, the application of the law that regulates shipping crimes is aimed at making the laws and regulations in the shipping sector obeyed by all levels of society and the violators are given strict sanctions so that they can have a deterrent effect so that this shipping crime can be reduced or eliminated any more violations of the law and in the end can support the government so that state levies can be collected in accordance with the provisions of Law Number 17 of 2008 concerning Shipping in case studies (116/PID.SUS/2020/PN Tbk) The main problem in this study is how to apply the law to the crime of sailing without a permit and a letter of approval from the harbormaster in the jurisdiction of Tanjung Balai Karimun (116/PID.SUS/2020/PN Tbk) Types The type of research used in this research is observational research, namely by means of interviews, while the nature is descriptive, namely research that aims to provide a clear and concrete picture. Based on the results of the research that the author conducted regarding the Law Enforcement of the Criminal Law of Sailing Without Permit and Letter of Approval from the Harbormaster in the Tanjung Balai Karimun Court (case study number 116/PID.SUS/2020/PN Tbk) that the panel of judges sentenced the Defendants with each sentenced to imprisonment for imposing a sentence on the Defendant, therefore with imprisonment for 1 (one) year and 6 (six) months and a fine of Rp. 100,000,000, - (One hundred million rupiah) provided that if the fine is not paid by the Defendant, it will be replaced with imprisonment for 3 (three) months. Barriers to the occurrence of this shipping crime are by increasing public awareness because sailing without a permit can make the state suffer no small amount of losses because the state levies are not collected.

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