[go: up one dir, main page]
IDEAS home Printed from https://ideas.repec.org/a/mth/ijssr8/v2y2014i1p165-175.html
   My bibliography  Save this article

Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

Author

Listed:
  • Deassy J. A. Hehanussa
  • Koesno Adi
  • Masruchin Ruba’i
  • Pridja Djatmika
Abstract
Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

Suggested Citation

  • Deassy J. A. Hehanussa & Koesno Adi & Masruchin Ruba’i & Pridja Djatmika, 2014. "Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia," International Journal of Social Science Research, Macrothink Institute, vol. 2(1), pages 165-175, March.
    • Handle: RePEc:mth:ijssr8:v:2:y:2014:i:1:p:165-175
    as

    Download full text from publisher

    File URL: http://www.macrothink.org/journal/index.php/ijssr/article/view/5329/4265
    Download Restriction: no
    File URL: http://www.macrothink.org/journal/index.php/ijssr/article/view/5329
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:mth:ijssr8:v:2:y:2014:i:1:p:165-175. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Technical Support Office (email available below). General contact details of provider: http://www.macrothink.org/journal/index.php/ijssr .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.