Open AccessLaw enforcement for fisheries crime (illegal fishing) through a transcendental approach
Author(s) -
Muhammad Amin Hanafi,
Absori,
Khuzaifah Dimyati
Publication year - 2019
Publication title -
iop conference series. earth and environmental science
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.179
H-Index - 26
eISSN - 1755-1307
pISSN - 1755-1315
DOI - 10.1088/1755-1315/370/1/012070
Subject(s) - paragraph , law , law enforcement , enforcement , fishing , political science , criminal law , fishery , business , biology
The sea of North Maluku province geographically faced to the Philippine sea and it is a potential zone with the availability of export-grade fisheries resources. Criminal penalties in the fisheries sector are mostly cumulative, both aimed at offenses of crimes and offenses. Law Number 45 of 2009 concerning Amendments to Law Number 31 Year 2004 concerning Fisheries, states that what is called the practice of illegal fishing can be classified as: Article 84 paragraph (1), paragraph (2), paragraph (3), Article 85, Article 92, Article 93, and Article 94). In the case of being caught red-handed, by the authorities over which Fisheries Law No. 45 of 2009. The next problem in law enforcement is the issue of legal norms where the Act that is implemented still gives a gap for the occurrence of abuse of authority. Also, the next problem is culture in law enforcement and in society. The transcendental approach emphasizes the importance of this morality problem; Second, in terms of legal norms, it is necessary to formulate legal norms that are more deterrent to perpetrators of crimes and law enforcement officers who violate; and, third, in the matter of legal culture, it is necessary to change the legal culture which originally emphasized rational values into legal behavior based on transcendental values in Segulaha adat .