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Journal : Berumpun: international journal of social, politics and humanities

CRIMINAL LIABILITY OF FISHERY PERPETRATOR ACCORDING TO FISHERY LAW NUMBER 45 OF 2009 CONCERNING AMENDMENT TO LAW NUMBER 31 OF 2004 Yulia Monita; Nys. Arfa; Zulham Adamy
Berumpun: International Journal of Social, Politics, and Humanities Vol 3 No 2 (2020): Vol 3 No 2 (2020): Berumpun : International Journal Of Social, Politics, and Huma
Publisher : Faculty of Social and Political Sciences University of Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/berumpun.v3i2.29

Abstract

Many occurrences of fisheries criminal offenses make the writer interested to learn about criminal provisions and the responsibility of the perpetrators according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. By studying, understanding, and analyzing these articles of law, the author significantly obtains the picture of whether this Fishery Law is appropriate and able to force the perpetrator of their responsibility for their actions. The purposes of this paper are 1) To analyze the patterns of fishery criminal so the perpetrators could be charged their responsibilities according to Law No. 45 of 2009, 2) To study and analyze how to determine the penalties according to the Law No. 45 of 2009. This paper is a qualitative descriptive. The method of this research is normative law with conceptual and institutional approaches. The result of the study showed that legislation in Indonesia relating to Fisheries, administratively, there are still several articles that are sticking out and controversy according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. For small fishermen who do not have a Yachting Approval Letter (SPB) in Indonesia should be subjected to administrative sanctions such as paying compensation. If administrative sanctions are not implemented, then the principle of ultimum remedium can be applied as a last choice in violations of fisheries and there are still several articles that are detrimental to the interests of the State as well as the interests of local fishermen which, if seen from criminal liability, may be imposed.
AN OVERVIEW ON THE JUDICIAL MONITORING AND SUPERVISION URGENCY IN MAKING CLEAN JUDICIARY Yulia Monita; Nys Arfa; Elizabeth Siregar
Berumpun: International Journal of Social, Politics, and Humanities Vol 4 No 1 (2021): Berumpun : International Journal Of Social, Politics, and Humanities
Publisher : Faculty of Social and Political Sciences University of Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/berumpun.v4i1.42

Abstract

A clean judiciary is the hope of all levels of Indonesian society. A clean judiciary is a court that carries out its duties and functions based on the provisions of the applicable laws and prioritizes legal certainty, justice, and benefit. This study aims to see how regulating and changing forms of judicial supervision and warning in realizing clean justice and to answer whether other legal rules are still needed to strengthen the role of the people who participate in and monitor the judicial path. This research is normative legal research, it is a study that examines matters of a theoretical nature, principles, conceptions, legal doctrine, and legal principles related to judicial supervision and supervision in the context of realizing a clean judiciary. Meanwhile, the legal materials used are primary, secondary, and tertiary legal materials and their sources. The results of this research are a) judicial monitoring and supervision should be done in order to conduct a clean judiciary, b) monitoring and supervising are done not to intervening the results of courts decisions but as a measuring tool to what extent the decisions are fair to the society, c) there are still several judges' decisions which, according to society, are controversial, illustrating the public's distrust of the judiciary.