The Countermeasures Efforts of Illegal Transshipment Impact as a Transnational Crime

Husni Mubaroq, Muhammad Haidir Syah Putra
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Abstract

The impacts and disadvantages of transhipment which even threatens sustainable development shows that transhipment can be identified as a transnational crime. On the one side, there is a need for legal countermeasures for the transshipment crimes in Indonesia so it does not occur again. But on the other side, transshipment actually becomes a necessity because fish landing mostly take time so that the fish are not fresh. In addition, the transshipment countermeasures also has some obstacles because there is no agency or institution with a special task of supervising and taking action against waters crimes in Indonesian in full authority to tackle transhipment. The problem that will be discussed in this article is how is transhipment related to transnational crime? And what is the countermeasures framework for dealing transhipment related to transnational crime? The research results showed that transshipment has been regulated in international law and national law. However, transhipment can be classified as a transnational crime because it fulfills the elements of a transnational crime and it is related to other transnational crimes. So there is a recommendation for a countermeasures framework of transhipment crime as a transnational crime, namely by establishing cooperation between the central and regional governments in the field of marine and fisheries. Then other recommendations related to handling fisheries crime cases such as transhipment can be carried out through a restorative justice mechanism that charges criminals to compensate for losses and recover fish resources due to their crimes.
非法转运冲击跨国犯罪的对策研究
转运的影响和缺点甚至威胁到可持续发展,这表明转运可以被认定为跨国犯罪。一方面,需要对印度尼西亚的转运犯罪采取法律对策,以免再次发生。但另一方面,转运实际上是必要的,因为鱼类上岸大多需要时间,因此鱼类并不新鲜。此外,转运对策也存在一些障碍,因为印度尼西亚没有专门负责监督和采取行动打击水域犯罪的机构或机构全权处理转运问题。本文将讨论的问题是转运与跨国犯罪有何关联?处理与跨国犯罪有关的转运的对策框架是什么?研究结果表明,转运受到国际法和国内法的规范。然而,转运可以被归类为跨国犯罪,因为它符合跨国犯罪的要素,并且与其他跨国犯罪有关。因此,有人建议建立一个将转运犯罪作为跨国犯罪的对策框架,即在中央政府和区域政府之间建立海洋和渔业领域的合作。然后,与处理转运等渔业犯罪案件有关的其他建议可以通过恢复性司法机制来执行,该机制要求罪犯赔偿因犯罪造成的损失并追回鱼类资源。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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