Maya Shafira, Maya Shafira and Erna Dewi, Erna and Mashuril Anwar, Mashuril Anwar and Emilia susanti, susanti (2021) Optimalisation OF PROMPTLY RELEASED AS PRIMUM REMEDIUM IN COMMITTING ILLEGAL FISHING AGAINST FOREIGN FISHERS. OPTIMIZATION OF PROMPTLY RELEASED AS PRIMUM REMEDIUM IN COMMITTING ILLEGAL FISHING AGAINST FOREIGN FISHERS, 24 (5). pp. 22-27. ISSN ISSN 2289-1552

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Abstract

Promptly released or security deposit, which is currently not popular in law enforcement practice on illegal fishing. So far, Indonesia has never implemented a prompt release against illegal fishing actors, especially foreign fishers. Considering that the imposition of imprisonment is blocked by the provisions of international and national legal instruments, the prompt release becomes more prospective as a legal breakthrough in overcoming illegal fishing in Indonesia. Therefore, further studies are needed to optimize quick releases for perpetrators of criminal acts in the Indonesian fisheries management area. This research uses a statutory approach, an analytical approach, a conceptual approach, and a case approach. The results of the study show that promptly released have been adopted by Indonesian legal instruments. However, the regulation on the principle of prompt release has not fully resolved illegal fishing in Indonesia. The principle of promptly released has not been applied optimally because substantially and procedurally, there are still weaknesses. By complying with the principle of prompt release, the flag state indirectly admits that they are doing illegal fishing. Considering diplomatic relations and other bilateral cooperation, this recognition is undoubtedly difficult for a country to do. In addition, the regulation to be promptly released as a premium medium will also cause new problems, namely the financing of foreign convicts who are still in detention. Foreign nationals who do illegal fishing in Indonesian waters even tend to receive protection from their home countries. Considering that Indonesia's fisheries potential is increasingly threatened by illegal fishing practices, optimizing the application of the principle of prompt release can be one of the solutions to overcome it. Optimization of the prompt release will also balance the countries of origin of the illegal fishing actors and the coastal countries. Keywords: Illegal fishing, promptly released, premium medium

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: S.H., M.H Emilia Susanti
Date Deposited: 09 Nov 2021 01:15
Last Modified: 09 Nov 2021 01:15
URI: http://repository.lppm.unila.ac.id/id/eprint/35568

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