Analisis Yuridis Pembakaran dan Penenggelaman Kapal Ikan Asing Dikaitkan dengan Asas Praduga Tidak Bersalah

Abstract

In the context of law enforcement at sea should the effort or action to maintain and oversee compliance
with the provisions in force in the Indonesian National Jurisdiction Sea. Government of the Republic of
Indonesia in an effort to combat Illegal fishing by reference to the statutory provision fishery has made the act
of burning and sinking of the fishing vessel or a foreign flag. drown 6 (six) foreign fishing vessels (KIA) in
Vietnamese waters illegally flagged Batam, Riau Islands Province, on October 31, 2015. The six ships are
evidence that is still in the process of investigation or do not have permanent legal force (inkracht), but have
earned the determination of the Chairman of the Batam District Court to be destroyed. It is the intention that
the deterrent effect of the perpetrator. This paper is to analyze whether the provisions of the act of burning and
sinking of the fishing vessel or a foreign flag has been in accordance with the legislation in force in Indonesia
The purpose of this journal as follows: First, to determine how the analysis of juridical burning and
sinking of the foreign fishing associated with the presumption of innocence, second, whether the burning and
sinking of the foreign fishing contrary to the presumption of innocence, Third, what action should be taken in
cracking down on foreign-flagged fishing vessels that enter into the Territory of the Republic of Indonesia in
addition to the management of fisheries burning efforts and drownings. This type of research of this thesis is a
normative legal research, or should we say doctrinal legal research.
From the research problem, there are three main things that concluded, first, act of burning or sinking
of the foreign fishing carried out by the investigator based on the rule of law, namely Law No. 45 of 2009 on the
Amendment of Act No. 31 of 2004 on Fisheries are still ditahap investigation are inconsistent with the
presumption of innocence, and can not be said to be in accordance with the Criminal Procedure Code.
Criminal Procedure Code does not authorize the destruction of evidence in the investigation ditahap. As well as
the supervisory authority regulated fishery regulated by Article 66 C Fisheries Law can not do the provisions of
Article 76A Fisheries Act and Article 45 of the Criminal Procedure Code. Second, the sinking of the foreign
fishing contrary to the presumption of innocence and the foundation of motivation Criminal Code, namely
Platform Philosophical (Pancasila), Platform Constitutional (Constitution of the Republic of Indonesia Year
1945) and the Law on Judicial Power, as well as the operational foundation (MPR No. IV / 1978), Third, other
actions carried out in addition to the act of burning and / or sinking of the foreign fishing vessels, namely the
foreign fishing vessel seized by the state. The vessels are seized by the state to be auctioned or can be donated
for social purposes or in particular can be submitted to business groups of fishermen and/or cooperative
fisheries.
Key words: law enforcement, evidence, criminal acts fisheries