Abstract

The administrative seizure of assets in the marine and fisheries sector under Article 23(1) of PermenKP No. 31 of 2024 is carried out by the Minister, Governor, or Regent/Mayor according to their respective authorities. However, this provision conflicts with Article 23(5), which states that confiscation must be conducted following the applicable laws and regulations governing procedures governing seizures. This norm conflict creates legal uncertainty (ambiguity). This study aims to determine and analyse whether there is ambiguity in Article 23 Paragraph (5) of PermenKP No. 31 of 2021 and to determine the procedure for confiscating assets in the context of imposing administrative sanctions. This research method is non-physical and uses a literature study approach. Data and information are obtained from scientific articles, books, journals, and other relevant documents.
The study results show ambiguity in the legal norms of Article 23 of PermenKP No. 31 of 2021 due to unclear authority regarding confiscation responsibilities. Article 23, Paragraph (1) states that confiscations are conducted by the Minister, Governor, and Regent/Mayor, while Paragraph (5) specifies that the implementation of confiscation must adhere to the provisions of laws and regulations concerning procedures governing seizures. This study concludes that Article 23, Paragraph (5) is ambiguous because of uncertainty about the authority to confiscate assets. The procedure for confiscating assets when imposing administrative sanctions should be clearly regulated to ensure fairness, legal certainty, and protection of individual rights. Therefore, it is necessary to establish new legal norms that specify the confiscation procedure more clearly and in greater detail.