The Domination of National Criminal Law in Law Enforcement of Illegal Fishing by Foreign Ship in Indonesian Waters

Abstract

The purpose of this study is to determine, examine and analyze the dominance of national criminal law in law enforcement of illegal fishing by foreign vessels in Indonesian waters. This study uses a normative juridical method with research specifications in the form of descriptive analysis. The object analyzed is the legal norm. Based on the discussion which concluded that the application of sanctions against foreign fishing vessels in accordance with Article 10 of the Criminal Code, it is known that there are two types of criminal penalties, namely the principal and additional penalties. The main punishment is a sentence that must be imposed by the judge which consists of the death penalty, imprisonment, imprisonment, and a fine. Meanwhile, additional punishments are not required to be imposed by judges, namely in the form of revocation of certain rights, confiscation of certain goods, and announcement of judge's decision. The type of criminal punishment in the field of fisheries only recognizes the main crime, while additional penalties are not regulated in the Fisheries Law. Regarding the main punishments that can be imposed by judges in fisheries criminal cases in the form of imprisonment and fines. Although the Fisheries Law does not specifically regulate additional penalties, fisheries judges can still impose additional penalties based on Article 10 of the Criminal Code. The nature of criminal penalties in the field of fisheries is mostly cumulative, both aimed at criminal offenses and offenses.