Penerapan Sanksi Pidana Terhadap Nakhoda Kapal Yang Berlayar Tanpa Surat Persetujuan Berlayar Dari Syahbandar Berdasarkan Putusan Perkara Pidana No.436/pid.sus/2017/pn.dum

Hsb, Sukri Gunawan (2019) Penerapan Sanksi Pidana Terhadap Nakhoda Kapal Yang Berlayar Tanpa Surat Persetujuan Berlayar Dari Syahbandar Berdasarkan Putusan Perkara Pidana No.436/pid.sus/2017/pn.dum. Other thesis, Universitas Islam Riau.

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Abstract

The application of criminal sanctions against the defendant is a final series of proceedings in criminal cases that aim to prevent the occurrence of such crimes or violations in the future, punishment must cause beneficial consequences that can be proven by justice and may not exceed the appropriate reward given to the perpetrators criminal, the captain of the ship sailing without approval from Syahbandar can be subject to criminal sanctions because of Law No. 17 of 2008 concerning Shipping has prohibited these acts and provided criminal sanctions against violations of these provisions. Defendant based on criminal case decision No. 436 / Pid.Sus / 2017 / PN.Dum is known to have conducted a voyage without sailing approval from Syahbandar and transported premium type fuel without the existence of a business permit as stipulated, the defendant's deed was a criminal offense and for that the defendant must be held accountable his actions. The formulation of the problem in the research is the application of criminal sanctions against the captain of a ship sailing without a sailing approval letter from Syahbandar and legal considerations by the panel of judges in deciding criminal cases No. 436 / Pid.Sus / 2017 / PN.Dum. This study uses a normative legal method in order to study criminal case files No. 436 / Pid.Sus / 2017 / PN.Dum, while the nature of this research is descriptive, namely drawing clearly and in detail about the application of criminal sanctions against the criminal acts of the captain who sailed without a sailing approval letter as did the defendant so that there was a match or opposition between the two. Based on the results of the study it can be seen that the verdict against the defendant in the criminal case No. 436 / Pid.Sus / 2017 / PN.Dum is for 1 year 4 months with a fine of Rp. 100.000.000, - or subsidies of 2 months imprisonment, the defendant is proven guilty of committing a criminal act as charged by the Prosecutor so that the defendant is liable to criminal sanctions in the form of imprisonment and criminal penalties in accordance with the applicable provisions, Panel of Judges of the Dumai District Court in his decision to impose a sentence against the defendant is lighter than the prosecution's demands and this of course is in accordance with the judgment and conscience of the judge and does not violate the provisions of the applicable legislation. Judge's judgment in deciding criminal cases No. 436 / Pid.Sus / 2017 / PN.Dum which includes the indictment of the Public Prosecutor, statement of the defendant, witness statement, evidence, the condition of the accused who has not been detained, the accused regretted his actions and the defendant of his family's backbone.

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