Tindak Pidana Perikanan (Studi Terhadap Penolakan Kasasi Penuntut Umum Dalam Putusan Nomor : 4877 K/Pid.Sus/2022)

Kusnanto, Kent Adytia and , Dr. Kuswardani, S.H., M.Hum (2025) Tindak Pidana Perikanan (Studi Terhadap Penolakan Kasasi Penuntut Umum Dalam Putusan Nomor : 4877 K/Pid.Sus/2022). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This interesting case raised by the author will discuss the criminal case in Decision Number 4877 K/Pid.Sus/2022 which is at the Cassation level which was submitted or requested by the Public Prosecutor to the Supreme Court which was then ultimately rejected, which according to the Public Prosecutor regarding Decision Number 55/Pid.Sus/2022/PN Rhl the application of the law used was not appropriate so that the Public Prosecutor filed an Appeal and also a Cassation. This study will analyze several aspects, namely: the problem of Criminal Acts in the Fisheries sector, the considerations of the Public Prosecutor in filing a Cassation legal remedy, and examine the basis for the Judge's considerations in rejecting the Cassation application submitted by the Public Prosecutor. The methodology used in this study is normative juridical using two approaches, namely the statutory regulatory approach and the case study approach. The purpose of this study is to determine whether the Judge was correct in applying the law given to the defendant and why the Cassation submitted by the Public Prosecutor was rejected by the Judge. The results of the study show that the reason for the public prosecutor to file an appeal is that the panel of judges was wrong in applying the law and was not in accordance with the applicable criminal procedure law, that the reason for the public prosecutor's appeal regarding the status of evidence for the fishing vessel km. sinar rezeki gt 30 should have been confiscated for the state. Meanwhile, the appeal was rejected because the Judge was right in imposing a criminal sentence on the Defendant considering Article 85 of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries as amended by Law Number 11 of 2020 concerning Job Creation or judex facti was not wrong in applying the law.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Cassation, Fisheries, Criminal Acts
Subjects:	K Law K Law > Law (General) K Law > Indonesia Law K Law > Indonesia Law > Hukum Pidana
Divisions:	Fakultas Hukum > S1 Ilmu Hukum
Depositing User:	KENT ADYTIA KUSNANTO
Date Deposited:	05 Feb 2025 04:29
Last Modified:	13 Sep 2025 06:37
URI:	http://eprints.ums.ac.id/id/eprint/131101

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