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All Journal LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan
Harahap, M.Syahnan
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Law, Crime, Criminology & Criminal Justice

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PERAN DAN KERJA SAMA ANTAR LEMBAGA DALAM MENANGANI KASUS PENCURIAN MINYAK DI LAUT Anam, Khoirul; Harahap, M.Syahnan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Oil theft at sea is a complex transnational crime that causes significant losses to the state. This research aims to analyse the role and cooperation between institutions in handling cases of oil theft at sea using the juridical normative method. The main focus is to examine the relevant laws and regulations and their implementation in handling cases. The results show that the handling of oil theft at sea involves various institutions such as the Navy, Police, Bakamla, Directorate General of Sea Transportation, and Directorate General of Customs. Law No. 32/2014 on Maritime Affairs is the main legal basis that regulates the authority of each institution. However, there are overlapping authorities that hamper the effectiveness of case handling. Inter-agency cooperation is realised through joint operations, information exchange and investigation coordination. However, there are still obstacles such as sectoral ego, differences in operating procedures, and limited infrastructure. Efforts to increase cooperation were made through the establishment of a joint task force and the signing of a memorandum of understanding between agencies. This study concludes that optimising the role and cooperation between agencies requires improved regulations to clarify the division of authority, improved coordination, and strengthened institutional capacity. Recommendations include revising the Marine Law, establishing an integrated command centre, and increasing the budget and technology for marine surveillance.
PENEGAKAN HUKUM ATAS TINDAK PIDANA PENGGUNAAN BAHAN PELEDAK (BOM IKAN) DALAM PENANGKAPAN IKAN DI WILAYAH PERAIRAN LAUT INDONESIA Alvi Kaban, Muhammad; Harahap, M.Syahnan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Indonesian regulations have an extraordinary spirit in eradicating fishing with explosives (fish bombs) by creating Law 31 of 2004 in conjunction with Law 45 of 2009 concerning Fisheries. Therefore, it is very interesting and important to further study how to regulate the criminal act of using explosives (fish bombs) in fishing in Indonesian sea waters? And the law enforcement of the criminal act of using explosives (fish bombs) in fishing in Indonesian sea waters? To answer this problem, a normative juridical legal research method was used with a statutory and conceptual approach method. Data obtained from primary, secondary, and tertiary legal sources were collected and then analyzed using qualitative data analysis techniques. From the results of the study, it was found that the regulation of the criminal act of using explosives (fish bombs) in fishing in Indonesian sea waters is regulated in Article 8 of Law 31 of 2004 in conjunction with Law 45 of 2009. Violation of the provisions of Article 8 is a criminal act as regulated in Article 84 of Law 31 of 2004 in conjunction with Law 45 of 2009. Meanwhile, law enforcement for criminal acts of using explosives (fish bombs) in fishing in Indonesian waters is carried out through preventive and repressive efforts. Preventive efforts made by the government are as follows: 1) Legal counseling; 2) Water Patrol; 3) Development of Marine Surveillance Facilities. The repressive efforts made in law enforcement for criminal acts of using explosives (fish bombs) are in the form of action in the waters; investigation and prosecution of perpetrators of criminal acts of using explosives (fish bombs).
Co-Authors Alvi Kaban, Muhammad KHOIRUL ANAM