KEBIJAKAN HUKUM PIDANA SEBAGAI PRIMUM REMEDIUM DALAM TINDAK PIDANA ILLEGAL FISHING DITINJAU DARI TEORI KEADILAN

Abstract

Criminal law policy as a primum remedium in illegal fishing crimes in terms of the theory of justice. illegal fishing as an act that causes damage to marine ecosystems and is detrimental to the state, there are 5 problems, namely discrimination, Second; foreign nationals cannot be sanctioned by a third prison sentence; there is no regulation regarding the level of crime and criminal sanctions for perpetrators of illegal fishing in the ZEEI area. Fourth; there is no formulation of criminal sanctions for perpetrators in the form of corporations. Fifth; there is no formulation of sanctions for perpetrators of criminal acts of omission of illegal fishing. This study aims to examine the current and future criminal law policies against illegal fishing as a primum remedium in terms of the theory of justice. This study uses normative legal research with statutory and conceptual approaches. The results of the study show that the current Criminal Law policies in Indonesia still do not meet the concepts of distributive justice and conventional justice. Besides that, the Criminal Law policy in Indonesia has also not been implemented effectively. In the context of the theory of justice, criminal law policies in dealing with illegal fishing must pay attention to the principles of justice such as distributive and conventional justice. In the future it is necessary to make efforts to increase the number of crimes and the consistency of illegal fishing criminal law.