Extensive Interpretation of Corporate Liability in the Crime of Illegal Fishing in Indonesia

DOI

10.2991/icoma-18.2019.51How to use a DOI?

Keywords

criminal law, corporate liability, fishery crime, illegal fishing, extensive interpretation.

Abstract

Article 101 of Indonesian Law Number 31 Year 2004 concerning Fisheries states that if there is a crime as mentioned in some previous articles conducted by a certain corporation then prosecution and criminal sanction will be imposed on its directors and the fine amount for the corporation will be added by 1/3 (one third) higher than the sanctions. Given the limitations of the grammatical interpretation of Article 101, some fundamental questions arise: is it true that the Fisheries Act in Indonesia can not determine corporations as defendants of a fishery crime? Is it true that accusing the corporate director is identical to imposing a criminal act for the corporation itself? By using extensive interpretation, the author of this paper believes that corporations should be the legal entities within this norm. Criminal penalties should be charged to the corporate director who was in office at the time of the execution of the verdict. Meanwhile, against the director of the corporation who was in office when the crime occured, he ought be subject to imprisonment in accordance with the maximum limit stipulated by law. In this context, the perpetrators of these crimes are individually liable and not charged to the next board of directors. Such an extensive interpretation is an innovation in legal reasoning and would be beneficial for law enforcement in Indonesia in the way to protect its interests as the largest archipelagic country in the Asia-Pacific region in addressing fisheries issues such as illegal fishing.

Copyright

© 2019, 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/).

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TY  - CONF
AU  - Shidarta
PY  - 2019/10
DA  - 2019/10
TI  - Extensive Interpretation of Corporate Liability in the Crime of Illegal Fishing in Indonesia
BT  - Proceedings of the International Conference on Maritime and Archipelago (ICoMA 2018)
PB  - Atlantis Press
SP  - 238
EP  - 242
SN  - 2352-5401
UR  - https://doi.org/10.2991/icoma-18.2019.51
DO  - 10.2991/icoma-18.2019.51
ID  - 2019/10
ER  -