Analisis Yuridis Pemusnahan dan Pembakaran Kapal Ikan Asing yang Memasuki Perairan Wilayah Indonesia Ditinjau Berdasarkan Asas Praduga Tak Bersalah

Abstract

Problems frequently arise in cases of legal violations in territorial waters, such as the criminal act of illegal fishing in Indonesian waters and violations involving illegal fishing by foreign fishing vessels using fishing gear that can damage fish conservation efforts and fish stocks. In such cases, foreign vessels caught red-handed engaging in illegal fishing within Indonesia’s ZEE will face strict measures, including sinking ship. The objectives of this thesis are: First, whether the destruction of evidence, such as a ship, can be justified when viewed in light of the presumption of innocence. Second, the impact of the destruction of evidence during the investigative stage on the judicial process. This type of research can be classified as normative research, that is, a study of legal principles. This study also covers legal systematics, the degree of legal harmonization, legal history, and comparative law. In this case, the author conducted legal research on the normative principles of law by examining Law No. 45 of 2009 on Fisheries. This study utilized secondary data, which consisted of primary, secondary, and tertiary data. In conducting this research, the researcher employed qualitative analysis of the research findings, which yielded descriptive data presented in written form.