Analisis Yuridis Ketentuan Pasal 69 Ayat (4) Undang-Undang Nomor 45 Tahun 2009 Tentang Perubahan terhadap Undang-Undang Nomor 31 Tahun 2004 Tentang Perikanan dalam Hal Penenggelaman Kapal Tanpa Putusan Pengadilan

Abstract

There is a potential for disharmony or inconsistency in the rule of law contained in Law No. 45/2009. On the one side, the provisions of Article 69 paragraph (4) of Law No. 45/2009 diction "shall" allow the sinking of foreign vessels on the basis of sufficient preliminary evidence, or in other words it does notrequire a fisheries court decision in advance. But on the other side, there are provisions in Article 76 A and Article 76 C of Law No. 45/2009 which stipulate thatobjects and / or tools used in and / or resulting from fishery crimes can be confiscated for the state or destroyed after obtaining approval from the head of thedistrict court. This disharmony causes legal uncertainty in the substance of regulation and law enforcement against illegal fishing based on Law 45/2009 withother related legal regulations. The results of this study indicate that the implementation of the authority to singking the vessels without a court decision with legal force is a special authority given to sufficient fisheries investigators as regulated in Article 69 paragraph (4) of Law No. 45/2009 and must further meet subjective and objective requirements based on Directorate Regulations No. 11/2014. The act of burning or sinking foreign ships is carried out by first rescuing the crew and without any physical punishment for the crew as regulated in UNCLOS 1982. With the reasons for the implementation of sinking, the process of sinking the ship, and protecting the crew according to regulations related laws and regulations, the burning or singking foreign vessels as regulated in Article 69 paragraph (4) of Law 45/2009 is an action that should be carried out to ensure legal certainty in the context of enforcing fisheries crime in Indonesia.