Journal Universitas Halmahera
Abstrak
KAJIAN YURIDIS TERHADAP KEJAHATAN Transhipment DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 31 TAHAUN 1999 TENTANG PEMBERANTASAN TINDAK
Selfianus Laritmas dan Usak
Illegal Fishing such as Transhipment crime which is a new modus operandi in illegal fishing crime where the transhipment crime is very potential to the loss of the State and tend to benefit transshaft criminals because the transfer of Fish catch from Fish Ship to other Fish Ships in one fleet conducted in at sea, especially by foreign fishing vessels and directly under the State without going through the port of report as specified in the legislation - the Invitation,
Thus Transshipment crimes committed at sea aru is to enrich themselves or others by way of transhipment in the middle of the sea this is a deviation from the legislation and the indication as a criminal act of Corruption under Law No. 31 of 1999 on Eradication of Crime Corruption, but it has been impressed that the actions that have been made have not been fully addressed by the Government in the fight against such crime so that it always causes the State losses that are getting bigger because in general, in Law no. 31 of 2004 concerning fisheries as amended by Law Number 45 Year 2009 has not been good enough to meet the need for the scope of law enforcement in the field of fishery in particular and in the sea in general, but can not be denied that in the Act there is still provision which still require clarity, among others, understanding of transhipment. This transhipment provision is not clearly regulated, as is the case with sanctions and punishments.
By that, through this research, the author uses Normative Juridical Legal Research methodology with the approach used is Statutory Approach (Approach Approach) and Case Approach approach is not the review of legislation related to the central theme of research with the prosodic of collecting materials law Both primary and secondary legal materials are collected based on the topic of problems that have been formulated based on the Laws and regulations studied comprehensively