The Court Sentences The Captain Of A Taiwanese Fishing Vessel To Pay A Fine Of IDR 100 Million

The defendant He Xian Dong, the captain of the ship from Taiwan, hears the verdict of the panel of judges at the verdict hearing, at the Lhokseumawe District Court, Aceh, Tuesday (9/8/2022). ANTARA/Dedy Syahputra

BANDA ACEH - The panel of judges at the Lhokseumawe District Court, Aceh sentenced the defendant He Xian Dong, the captain of a fishing boat from Taiwan, to pay a fine of Rp. 100 million for being found guilty without permission to enter Indonesia's territorial territory in the waters of the Malacca Strait.

"The defendant He Xian Dong has been fined Rp. 100 million," said the panel of judges at the trial at the Lhokseumawe District Court, as reported by ANTARA, Tuesday, August 9.

The panel of judges at the trial was chaired by Bakhtiar, accompanied by Mustabsyirah and Fitriani as member judges, respectively. Also present at the trial of the public prosecutor (JPU) M Doni Siddiq and Riza Rahmatilah, the defendant's legal adviser.

The panel of judges stated that the defendant was proven legally and convincingly guilty of committing a criminal act by operating a fishing vessel with a foreign flag without a fishing license in the Indonesian fishery management area.

For his actions, the defendant He Xiang Dong was guilty of violating Article 38 paragraph (1) in conjunction with Article 97 paragraph (1) of the Republic of Indonesia Law Number 11 of 2020 concerning Job Creation which amended the Republic of Indonesia Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries.

The verdict is lighter than the prosecutor's demands. At the previous trial, the public prosecutor demanded that the defendant He Xiang Dong, a Chinese citizen who was the captain of the MV Joho GT-198, pay a fine of Rp. 150 million.

On the verdict, the defendant and his legal advisor as well as the Public Prosecutor stated that they accepted. However, the panel of judges gave the parties seven days to think about it.

Riza Rahmatilah, a legal adviser to the defendant He Xian Dong, said that his party accepted the judge's decision with a penalty of paying a fine of Rp. 100 million.

"We accept the fairest verdict decided by the panel of judges. Regarding the payment of the fine, we will communicate again with the ship owner," said Riza Rahmatilah.

Public Prosecutor M Doni Siddiq also stated that he accepted the decision of the panel of judges at the Lhokseumawe District Court, which sentenced the defendant to pay a fine of Rp. 100 million.

"We accept the verdict of the panel of judges. Although the verdict is lower than our demands, the verdict of the panel of judges is still within two-thirds of the provisions. This means that we do not have to appeal," said M Doni Siddiq.

Previously, the Republic of Indonesia Ship (KRI) Teuku Umar-385 TNI AL caught a fishing vessel belonging to a fisherman from Taiwan in the waters of Lhokseumawe, Aceh, Sunday (19/6). At that time, KRI Teuku Umar held an exercise under the Fleet Command I Marine Combat Group.