Customary Criminal Law Policy Against Fisheries Crime: Case of Indonesia

Abstract

In judicial practice related to illegal fishing, there has never been a judge's decision to impose a criminal or customary sanction in the form of fulfilling customary obligations. In fact, on the one hand, indigenous peoples want to impose criminal or customary sanctions in the form of fulfilling these customary obligations. Customary criminal law is not easily accepted, and even so that it can be put into practice in the criminal justice system, it isn't easy. Nothing but the existence of a legality principle becomes a barrier to the enactment of written and unwritten criminal law. This research is research using the socio-legal research approach. The socio-legal research approach means that there are two aspects of research. First, legal research aspects, and second, socio research. The results show that the criminal law policy against fisheries crime prevention, namely Law Number 45 of 2009 concerning Fisheries, has not accommodated the interests of indigenous peoples. In its formulation, it has not recognized customary criminal law as wrong. one alternative in tackling fisheries crime. This article recommends that the criminal law policy in dealing with future fisheries crimes should recognize customary provisions and customary criminal law so that the law recognizes the existence of customary law communities to prosecute perpetrators of fishing theft, including corporate actors.