PENERAPAN ASAS NE BIS IN IDEM DALAM HUKUM PIDANA PELAYARAN (Studi Kasus Putusan Nomor 84/PID.SUS/2017/PN.TPG)

Abstrak

The case is that foreign nationals enter fishing, bring people and sail without permits and documents so that they are charged with 3 (three) criminal acts, namely fisheries crime, immigration crime, and shipping crime. The three criminal acts were tried one by one in which in the fisheries crime the judge decided that the defendant was acquitted, the immigration crime judge decided that the defendant was proven guilty and was sentenced to a fine of Rp. 50,000,000.00 (Fifty Million Rupiah), the crime of shipping with the Interlocutory Decision of the Tanjungpinang District Court Number 84/Pid.sus/2017/PN.Tpg the judge agreed with the defendant's legal counsel because this was considered nebis in idem (an act that the same is filed twice), so that the indictment from the public prosecutor is null and void. The formulation of the problem in this research is how is the concept of nebis in idem in Indonesian criminal law and how is the judge's consideration in applying the principle of nebis in idem to the decision of the Tanjungpinang District Court Number 84/Pid.sus/2017/PN.Tpg. So the research aims to determine the concept of nebis in idem in Indonesian criminal law and the judge's considerations in applying the principle of ne bis in idem to the Tanjungpinang District Court Decision Number 84/pid.sus/2017/PN.Tpg. This research is normative juridical with data collection techniques carried out through document studies by reading, citing books or other references as well as examining laws and regulations, and other concepts related to the object of research. Furthermore, the data obtained were analyzed qualitatively and then presented descriptively. The conclusion of this research is that the decision on the crime of shipping should not stop at the interim decision because in this case the nebis in idem element cannot be applied because each case is different and is a special crime, for that there is still the possibility that the case can be continued.