Meaning of Criminal Offenses in the Fisheries from a Formal Criminal Law Perspective

Abstract

In establishing a fisheries court, many things must be taken into account, because the court that will try perpetrators of criminal acts in the fisheries sector has been strictly regulated in the Fisheries Law. Even so, these regulations deviate greatly from the provisions of the Criminal Procedure Code. The research aims to analyze the application of the Criminal Procedure Code to criminal acts in the fisheries sector and analyze the obstacles and solutions. This writing uses descriptive normative legal research methods. The results of the research show that the application of the Criminal Procedure Code to criminal acts in the fisheries sector can be carried out within a maximum of one day. Handling criminal cases takes a maximum of 400 days, from investigation to cassation decision. Fisheries Law, arrest of vessels and/or people suspected of committing criminal acts in the territorial sea or Indonesian EEZ for a maximum of seven days. The time limit for resolving criminal cases in the fisheries sector is 140 days from the investigation to the cassation decision at the Supreme Court. Obstacles in implementing the Criminal Procedure Code include investigative authority, length of arrest, and detention period. The application of the principle of lex specialist derogate legi general is a solution in the application of criminal procedural law.