Legal Certainty Of Illegal Fishing Crimes Based On Positive Law In Indonesia

Abstract

Legal certainty requires the implementation of clear, fixed, consistent and consequential laws whose implementation cannot be influenced by subjective circumstances. The provisions of Article 29 paragraph (2) of the Fisheries Law create a loophole for illegal fishing. How is the application  of laws and regulations on the crime of illegal fishing in Indonesia's positive law based on the value of legal certainty and how is the development of regulations for the implementation of the Illegal Fishing Crime Law  in Indonesia if it is associated with Article 73 Paragraph (3) of UNCLOS 1982. This research uses a normative legal research method with a statute approach. The data used is sourced from secondary legal materials in the form of laws, literature, scientific journals, and documents related to illegal fishing. The nature of the research is descriptive analytical, with the aim of explaining in detail the application of laws and regulations regarding the crime of illegal fishing and analyzing the development of regulations in Indonesia in relation to the provisions of international law. The results of the study show that the application of Law Number 45 of 2009 as an amendment to Law Number 31 of 2004 concerning Fisheries, is still not able to provide legal certainty to the perpetrators of illegal fishing and the application of article 73 Paragraph (3) of the 1982 UNCLOS in Indonesia is still not absolutely valid if there is no cooperation agreement between countries in the field of fisheries law enforcement.  The conclusion of this study emphasizes that the application of Law Number 45 of 2009 as an amendment to Law Number 31 of 2004 concerning Fisheries, is still not able to provide legal certainty to the perpetrators  of illegal fishing and the application of article 73 Paragraph (3) of the 1982 UNCLOS in Indonesia is still not absolute. Thus, it is hoped that the government can make clearer arrangements for criminal sanctions. So that the regulations that have been contained in Article 73 Paragraph (3) of UNCLOS 82 must remain in line with the existing laws in Indonesia.