Pengawasan Dan Sanksi Dalam Upaya Perlindungan Hukum Lingkungan Hidup Dalam Pemanfaatan Sumber Daya Perikanan Pesisir (Studi Kasus di Kabupaten Bima)

Abstract

The aim of the research is to find out the nature of environmental legal protection in the utilization of coastal fishery resources, as well as supervision and legal sanctions guaranteeing efforts to protect the environment in the utilization of coastal fishery resources. In this research, researchers used qualitative descriptive research. The location of this research is in the Department of Maritime Affairs and Fisheries, the Office of Tourism, the Office of the Environment, Community Monitoring Groups, and five coastal sub-districts in Bima Regency, West Nusa Tenggara Province, these locations are very strategic in viewing case studies and problems that occur. Meanwhile, data collection techniques consist of observation, interviews and documentation. This research uses interactive model data analysis techniques, namely; (1) data reduction; (2) data presentation; and (3) conclusion/verification. The results of the study show that supervision in legal protection of the utilization of coastal fisheries resources in Bima Regency which is regulated in the UUPPLH, the Fisheries Law and the UUPWP-PPK is carried out by the Government/Relevant Ministries, Regional Governments, Civil State Investigators (PPNS) and Non PPNS, Fisheries PPNS, Police Investigator. However, the regulation of duties, functions and authority in supervision is still weak, overlapping and conflicts of interest. Monitoring performance by related institutions and officials is not yet optimal, making it difficult to guarantee efforts to protect the utilization of coastal fishery resources in Bima Regency. Sanctions in legal protection for the utilization of coastal fishery resources regulated in the UUPPLH, the Fisheries Law and the UUPWP-PPK are in the form of administrative sanctions (in the form of written warnings, government coercion ((bestuursdwang), suspension of LH permits, revocation of LH permits, these sanctions do not absolve from responsibility recovery and criminal responsibilities), civil sanctions (in the form of compensation), and criminal sanctions as ultimatum remedium.However, the provisions for sanctions overlap, are ambiguous, and have disparities.