Criminal Responsibilities of Corporation in Criminal Law System of Illegal Fishing in Indonesia
- DOI
- 10.2991/assehr.k.200306.213How to use a DOI?
- Keywords
- common law, criminal responsibilities of corporation, illegal fishing
- Abstract
The Fisheries Law has provided a new understanding of the law enforcement process in the field of illegal fishing. How the criminal law policy in overcoming the crime of illegal fishing and how the law enforcement processes in the case of illegal fishing are the research objectives of this study. The method of this study is a normative juridical method. Provisions of Law No. 31 of 2004, Law No. 45 of 2009 about fisheries do not impose criminal liability on corporations nor do they distinguish criminal sanctions between “individuals” and “corporations”. If illegal fishing is carried out by a corporation, the criminal sanctions will be imposed on the management and the penalty only will be added to one third of the sentence imposed. Indonesia adheres to a common law system, namely the Anglo-Saxon legal system, which is a legal system based on jurisprudence. In the case of corporate criminal liability as administrator, the punishment is not comparable to the effects of the committed crimes. Therefore, government must pay attention to the law enforcement and development of infrastructure to support the safety of economic development in the fisheries and marine sector.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Tetty Siskha AU - Alvi Syahrin AU - Suhaidi AU - Mohammad Ekaputra PY - 2020 DA - 2020/03/13 TI - Criminal Responsibilities of Corporation in Criminal Law System of Illegal Fishing in Indonesia BT - Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) PB - Atlantis Press SP - 201 EP - 204 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200306.213 DO - 10.2991/assehr.k.200306.213 ID - Siskha2020 ER -