Law Enforcement on Fisheries Crime After the Enactment of Law Number 45 of 2009: A Normative Analysis

Abstrak

Abstract. Indonesia is one of a country which have two geographical form as the characteristics, one as archipelago and one as a mainland country. Indonesia is located between two continent, Asia and Australia Continent and also by two ocean, Pacific and Hindian Sea which are very wide. Indonesia is a big and important archipelago country with the islands. We realized that in the Indonesian region there are so many resources which can sustain life and the people of Indonesia. This potential can cause natural disaster if the management does not paying attention to the limitation of the natural capability, for example the sea exploration and exploitation with the use of unmodern tools. It is undeniable that in the management of natural fisheries resources there are still violation by the unresponsible parties in that field. The violation can cause bad for the fisheries ecosystem in our country. The impact will reduce the fisheries resource in which could have been managed for the beneficial of the people. One of the matters that will be discussed in this article is about the philosophical juridical foundation about natural resource, knowing the normative review in the field of fisheries, element of criminal liability, modes of operation in fisheries crime, as well as the knowledge about the advantages and disadvantages of fisheries law change. However, in order to protect the national wealth in form of fisheries resources it is required that the government take action in preserving natural resources. In this case the role of law is very important, especially criminal and civil law as a media to control and prevent the action that can disturb the management and preservation of the fish resources and environment. In law number 31 year 2004 jo. Law number 45 year 2009 concerning fisheries, provides clarity and legal certainty towards law enforcement for criminal offense in the field of fisheries, which includes investigation, prosecution and examination at the court hearing. Suggestion in this article are legal rules regarding the law of fisheries which is still valid at the moment must be reconstructed and renewed so that the law enforcement authorities are more able to increase the supervisition and action in the Indonesian sea. Including the need of pulic attitude and awareness towards the law especially in the field of fisheries.