Analisis Yuridis Terkait Pemidanaan Terhadap Warga Negara Asing Pelaku Tindak Pidana Perikanan Dikaitkan Dengan Tugas Dan Fungsi Jaksa Sebagai Pelaksana Putusan Pengadilan

Huffington Harahap, Roy (2022) Analisis Yuridis Terkait Pemidanaan Terhadap Warga Negara Asing Pelaku Tindak Pidana Perikanan Dikaitkan Dengan Tugas Dan Fungsi Jaksa Sebagai Pelaksana Putusan Pengadilan. Masters thesis, Universitas Islam Riau.

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Abstract

Problems that arise in handling fisheries crime cases at the police level in terms of investigations, prosecutors and courts at the stage of the evidentiary process until the execution of court decisions are still felt so that they have an impact in their settlement. Coordination between the institutions of the three agencies should be able to run well in order to avoid the sectoral ego of each of these institutions. Although the Fisheries Law already exists and is expected to be able to overcome the problem of weak coordination, it is still not optimal in overcoming this problem. Based on the above background, the formulation of the problems that will be answered in writing this thesis include: How is the Implementation of Sentencing Against Foreign Citizens Perpetrators of Fisheries Crimes Associated with the Duties and Functions of the Prosecutor in the Ranai District Court? and How is the Optimization of Sentencing Against Foreign Citizens Perpetrator of Fishery Crimes? This research when viewed from the type of research can be grouped into Sociological Law research conducted by survey, namely research directly to the research location using data collection tools in the form of interviews. Meanwhile, if viewed from its nature, this writing is descriptive analytical, which means the research is intended to provide a detailed, clear and systematic description of the main research problems. From the results of the research and discussion, the implementation of punishment against foreign nationals who commit fisheries crimes is related to the duties and functions of the prosecutor in the Ranai District Court that the application of severe sanctions cannot be applied effectively because it is hindered by Article 102 which prohibits imprisonment or other forms of corporal confinement. other if the crime occurred in the Indonesian Exclusive Economic Zone, unless there has been a previous bilateral agreement between the countries concerned. Optimizing the Criminalization of Foreign Citizens Perpetrators of Fishery Crimes that considering the ineffectiveness of paying criminal sanctions of fines will potentially increase the frequency of illegal fishing practices carried out by foreign nationals in the Indonesian Exclusive Economic Zone, then the provision of alternative sanctions in lieu of fines needs to be regulated in the provisions The criminal law on fisheries, considering that so far, illegal fishing actors who come from foreign nationals have escaped the snares of Indonesian criminal law because of Article 102

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