ANALISIS YURIDIS TINDAK PIDANA BLAST FISHING YANG DILAKUKAN NELAYAN KECIL

Abstract

The purpose of this research is to analyze the offence of blast fishing conducted by minor fisherman and its enforcement based on Donggala Court Decision No. 47/Pid.Sus/2020/PN Dgl. This research uses the statute approach, case approach, and conceptual approach to analyze the mentioned legal problems. The result of this research shows that law enforcement regarding the offence of blast fishing, in abstracto, is regulated in Article 84 paragraph (1) of Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery. However, instead of Article 84 paragraph (1), the relevant criminal provisions in case the said offence is conducted by a minor fisherman is Article 100B of Fishery Law. The enforcement of Article 100B was stated in Donggala Court Decision No. 47/Pid.Sus/2020/PN Dgl wherein the imposed sentence was in accordance with the said article. Moreover, the judges used Vereningings Theorien as the theory of punishment’s purposes.