Analisis Kompetensi PPNS Perikanan dalam Pemberantasan Illegal Fishing di WPPNRI 571 dan Implikasi Hukum Kompetensinya Pasca Undang-Undang No 6 Tahun 2023 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang No 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang

Abstract

The Minister of Maritime Affairs and Fishiries in a press release Number SP.715/SJ.5/VII/2021, said that WPPNRI 571 is an area that often occurs illegal fishing, in 2021 it had the second level of vulnerability after WPPNRI 711. Even worse, fish stocks in WPPNRI 571 is very small, namely 591.138 tons which is te second smallest area after WPPNRI 717 with fish stocks of 424.703 tons. The imposition of criminal law has functioned in eradicting illegal fishing where law enforcment is always dealing with components of the criminal justice system, namely the police, prosecutors, courts and correctional institutions. In adddition to the components above, there is another special component, namely Civil Servant Investigators (PPNS) who are also authorized to carry out investigations if a crime occurs in the fishiries sector. Currently, law enforcement in eradicting illegal fishing has undergone legal developments since the enactment of Law Number 11 of 2020 which was revoked and declared invalid through Governement Regulation in Lieu of Law (Perppu) Number 2 of 2022 concerning Job Creation, where the Perppu has been stipulated to become Law Number 6 of 2023. Legal sanctions as a result of the stipulation and formulation of the Job Creation Law in eradicating illegal fishing do not only use criminal sanctions, but also apply administrative sanctions so that as a result of these developments, the competence of PPNS Fisheries in enforcing the eradication of illegal fishing has legal implications. The research uses a normative legal research and empirical legal research methods with the nature of analytical descriptive research, and the data source is secondary data. Data collection techniques employ library research (library research) and field research (field research), The data are were analyzed qualitatively by drawing conclusions using deductive methods. The research results include: Investigations by PPNS Fishiries on illegal fishing in WPPNRI 571 for periode 2018 to 2022 are mostly carried out on foreign fishing vessels compared to Indonesian fishing vessel (KII) because KII often uses discretion in the form of not always criminalizing, criminal investigations illegal fishing crimes commited by Fisheries PPNS who handle cases at WPPNRI 571 are in accordance with applicable regulatory provisions, there are legal implications for the competence of Fisheries PPNS, which in the Fisheries Law regime all illegal fishing practices are subject to criminal sanctions, while in the job Creation Law there are administrative sanctions that are not the competence of Fisheries PPNS.