วารสารวิชาการนิติศาสตร์ มหาวิทยาลัยทักษิณ
people living on coastal areas and into fishing, then to accelerate the growth of coastal areas and coastal resources optimally, Government improve facilities in the field of fisheries by building a fishing port. The existence of the fishing port (hereinafter abbreviated as PP) is expected to become a hub of business activities in the fisheries system PP is defined normative juridically as a place consisting of land and surrounding waters with certain limits as a system of government activities and business activities, used as a fishing boat rests, anchored and/or unloading fish that equipped with the safety of shipping and activities supporting fisheries. It is noted that fish landing is an early stage of a series of activities carried out before the fish finally distributed. Landing fish is an activity of unloading the fish caught from fishing fleets and/or fish carrier fleet at ports listed in fishing license (SIPI) and fis transporting license (SIKPI), both processing and non-processing. 14 As stated in Fishery Law, fish landing has to be done at fish landing port which is pointed in SIPI and SIKPI. 15 This article contains element of coercion, it can be seen from the presence of administrative sanctions-warning, suspension, or revocation of a license if it is not implemented. The nature of force is an element of the law in order to achieve its goal of order and justice. The law also aims to protect or restrict a person’s interests by allocating a power to him for acting in the interests of the power. The allocation is practiced in a measured scope of power. 16 Government coercion as outlined in Article 41 of Act No. 45 Year 2009 is an effort in fisheries field in achieving sustainable fisheries so that the availability of fisheries resource still able to meet the needs of the Indonesian people now and in the future. 14 Article 1 point 11 Act No.45 Year 2009 on the amandemend of Act No. 31 Year 2004 on Fisheries. 15 In capture fisheries bussiness, fishing fleet owner has to have three documents- SIUP, SIPI and SIKPI that are related one each other. 16 Sacipto Rahardjo, 1986, Ilmu Hukum, Bandung : Alumni, P. 36-39. วารสารวิชาการนิติศาสตร์ มหาวิทยาลัยทักษิณ ปีที่ 5 ฉบับที่ 7 มกราคม - ธันวาคม 2557
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