Law Enforcement against Perpetrators of Trade Crimes Shark Fins According To Positive Law in Indonesia

Indonesia is the largest maritime country in the world with a variety of marine life, where to protect it, the Government of Indonesia has passed Law Number 5 of 1990 concerning Biological Resources and Ecosystems, and Law Number 31 of 2004 concerning Fisheries. However, the fact is, there are still frequent catches and trade of shark fins which are protected animals. This research is normative juridical research, with a legislative approach and a case approach. The results of the research, that First, that law enforcement against the perpetrators of the crime of shark fin trade in the case of Denpasar District Court Decision Number 312/Pid.Sus/2015/PN Dps, and the Rokan Hilir District Court Decision Number 549/Pid.Sus/2018/PN Rhl, is still not implemented optimally, where the judge's criminal sentence is still very light from the criminal threat in the law so that it does not provide a deterrent effect to the perpetrators and does not provide general prevention to the public. Second, obstacles in law enforcement against perpetrators of shark fin trafficking, namely constraints on legal substance that have not specifically regulated criminal sanctions for shark fin trading, obstacles for law enforcement, namely not implementing the provisions of the law to the maximum, obstacles in facilities and infrastructure that are not adequate to expose shark fin traders, and obstacles in public legal awareness, especially fishermen, regarding the prohibition of shark fin trade.