Efektivitas Sistem Peradilan dalam Penyelesaian Perkara IUU (Ilegal, Unreported, Unregulated) Fishing

Abstract

This thesis discusses about process, problems, and solutions are reviewed on a system that is associated with the handling of a criminal offense IUU (Illegal, Unreported, Unregulated) fishing and evaluate whether the process has been effective or not. This study uses normative and qualitative methods presented in descriptive form. The fisheries criminal justice system is the judicial system that regulates how the fishery law enforcement and can be used as a system and process. This system is about functional and institutional relationships on unit investigator, district courts, high courts and the supreme court. Meanwhile, as a process, the fisheries judicial system is taking the investigation, prosecution, the first trial, the court of appeal, and the appeal in accordance with the provisions of fisheries criminal law and criminal procedural law. These results indicate that the justice system can not be said to be effective at this stage of the investigation, prosecution, courts first, the court of appeal, until the appeal stage. Application of the concept of the effectiveness of the judicial system in terms of legal factors, infrastructure, law enforcement and the community. Ineffectiveness of fisheries judicial system is plagued with detention time limitation, unavailability of infrastructure such as translators and court location among institutions, and the exclusion of the public to contribute to the handling of criminal cases fishery