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All Journal JURNAL ILMIAH ADVOKASI Jurnal Pendidikan dan Sosial Humaniora
Nor Aprilia
Universitas Mulawarman
Humanities Education Law, Crime, Criminology & Criminal Justice

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Penerapan Restoratif Justice dalam Tindak Pidana Penyetruman Ikan di Wilayah Kutai Kartanegara Nor Aprilia; Siti Kotijah; Poppilea Erwinta
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 2 (2026): Juni: Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i2.11164

Abstract

Restorative justice is an approach within the criminal justice system that emphasizes repairing the harm caused by criminal acts through the involvement of offenders, victims, and the community. In Indonesia, its implementation is based on the Regulation of the Chief of the National Police Number 8 of 2021. In the fisheries sector, the prohibition of destructive fishing methods such as electrofishing is regulated under Law Number 45 of 2009 and Kutai Kartanegara Regional Regulation Number 13 of 2017. The case of electrofishing conducted by ten fishermen in Pulau Harapan Village, Muara Muntai District, on September 2, 2025, raises normative issues regarding the limits of restorative justice in environmental-related crimes. This study employs a Socio-Legal Research (SLR) approach, combining normative analysis and social realities. Primary data were collected through interviews and observations, while secondary and tertiary data were derived from laws, regulations, and legal literature. The findings indicate that electrofishing fulfills the elements of a criminal offense, thereby imposing criminal liability on the perpetrators. Contributing factors include economic pressure, low legal awareness, and weak supervision. The application of restorative justice focuses on offender rehabilitation, ecosystem restoration, and prevention of recurrence, highlighting the need for synergy between law enforcement, education, and sustainable economic support.
BATASAN PENERAPAN RESTORATIVE JUSTICE DALAM PENANGANAN TINDAK ILLEGAL ELECTRIC FISHING: STUDI PADA KEPOLISIAN SEKTOR MUARA MUNTAI Siti Kotijah; Poppilea Erwinta; Yennita Astarina; Ine Ventyrina; Nor Aprilia
Jurnal Ilmiah Advokasi Vol 14, No 3 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i3.9218

Abstract

Law enforcement against fish electrocution offenses is crucial due to its direct impact on aquatic ecosystem degradation and the sustainability of fishery resources. This study aims to assess the feasibility and limitations of applying restorative justice in handling such cases in Pulau Harapan Village, Muara Muntai District, Kutai Kartanegara Regency. The research employs a socio-legal approach, combining normative legal analysis with empirical data obtained through interviews with law enforcement officers. The findings indicate that the application of restorative justice through mediation and social agreements is effective in resolving conflicts quickly; however, it does not fully comply with the procedural requirements of criminal procedural law. This condition reveals a gap between practice and the existing normative framework, which may lead to legal uncertainty and weaken the protection of public and environmental interests. This study concludes that restorative justice in fish electrocution cases is only conditionally appropriate and should be applied in a limited manner, provided that legal procedures are fulfilled and environmental impacts are not significant. The contribution of this research lies in clarifying the juridical boundaries and identifying potential legal risks in the application of restorative justice, thereby providing a basis for strengthening more accountable and sustainable law enforcement policies.Keywords: fish electrofishing; law enforcement; restorative justice; fishery resources
Co-Authors Ine Ventyrina Poppilea Erwinta Siti Kotijah Yennita Astarina