Law Enforcement against Illegal Fishing Practices in Sea North Sulawesi Province

Abstract

The authority enforcing the law against the practice of illegal fishing in the territorial waters of North Sulawesi include the authority handling of cases of violations that occurred in this region. It is based on the provisions of international law which stipulates that coastal states (Coastal states) has a number of interests protected. The Purpose of this study was to determine the enforcement of the law against the practice of illegal fishing in the waters of North Sulawesi, and to know the constraints in law enforcement against illegal fishing practices in the waters of North Sulawesi province. Methods applied research approach is carried out from two sides of the normative research (research literature and field research) to see the reality of the law. normative research is fundamental research in particular to examine aspects of territorial sovereignty and the rule of law, while field research practices in particular saw a case of illegal fishing in the territorial waters of North Sulawesi province. The results showed enforcement of the law against the practice of illegal fishing in the waters of North Sulawesi province carried out by North Sulawesi Police Water Police Directorate and implemented in accordance with the legislation in force through the process of arrest, investigation, investigation, prosecution and examination in court. In many cases the process of resolving the case of minor criminal offenses that have been completed and other cases can not be processed further because of insufficient evidence meets the elements of a crime and some cases temporarily transferred to the North Sulawesi Police for further processing. For administrative violations cruise resolved through guidance and liabilities master and crew to take care of the necessary shipping documents. Constraints in law enforcement, namely the lack of personnel Sulawesi Police Water Police Directorate in comparison with the area of ​​Territorial waters of North Sulawesi to carry out both operational tasks in the field and the lack of facilities owned fleet. Other constraints such as limited operational costs and human resources. In the process of settling disputes lawlessness in North Sulawesi many obstacles, because information about the status of the nationality of the crew requires a relatively long time from other countries of the crew came from.

Keywords: Law Enforcement, illegal fishing, sea, north Sulawesi, Indonesia