Abstract:
This study aims to determine. How is the application of material law in the decision Number:
34/Pid.B/2020/PN.Mks. And whether the sanctions given to the perpetrators in the decision
Number: 34/Pid.B/2020/PN.Mks have been in accordance with the values of justice.
This study uses a qualitative research type, the types of data used are primary data and
secondary data, data from primary materials was obtained directly through information using
interview techniques with the Makassar District Court and the Center for Conservation of
Natural Resources and data from secondary materials refer to laws, books, journals, and
information obtained from the results of questionnaires/questionnaires with fishermen and the
community at Lelong Market Makassar.
The results of this study indicate that the application of material law in the decision number:
34/Pid.B/2020/PN.Mks is in accordance with Law Number 5 of 1990 concerning Conservation
of Biological Natural Resources and Their Ecosystems Article 40 Paragraph (2) jo Article 21
paragraph (2) letter d. the sanction given to the perpetrator in the decision Number:
34/Pid.B/2020/PN.Mks according to the judge was appropriate but according to the author it
was not in accordance with the consequences of the defendant.
