Freies Ermessen of Fisheries Criminal Investigators in Indonesia’s Exclusive Economic Zone (ZEEI)

Abstract

In law, especially in the field of fisheries, there is a tug of war and overlapping of Freies Ermessen between police investigators and other investigators such as the Indonesian Navy (TNI AL), as well as the Police and Civil Servants (PPNS) themselves as regulated by law certain laws/specifics. Deviations occur because of a shift in orientation from the criminal justice system that prioritizes coordination and integration into subsystems that are centered on each foreign institution that can lead to inter-sectoral interests. The implementation of the Freies Ermessen specifically for PPNS has not been the same or different from the rules stipulated in the criminal procedure code, as a general rule, giving rise to diverse interpretations of civil servant investigators through discretion in the form of inconsistencies and conflicting policy norms. The purpose of this study was to determine Freies Ermessen investigating fishery’s criminal offenses in Indonesia's exclusive economic zone. This research is legal research with the law approach and conceptual approach. The analysis technique in this research was done analytically prescriptive. The results showed that everything related to the application of law in Indonesia's exclusive economic zone must be guided by international sea treaties that are applied to Indonesian laws and regulations, namely the Indonesian exclusive economic zone law because that’s Law is a derivative of the United Nations Conference on the Law of the Sea 1982 (UNCLOS 82).

Keywords: Freies Ermessen, Investigators, Indonesia's Exclusive Economic Zone (ZEEI).

DOI: 10.7176/JLPG/90-04

Publication date:October 31^st 2019