Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)

Criminal Responsibilities of Corporation in Criminal Law System of Illegal Fishing in Indonesia

Authors
Tetty Siskha, Alvi Syahrin, Suhaidi, Mohammad Ekaputra
Corresponding Author
Tetty Siskha
Available Online 13 March 2020.
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/).

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Volume Title
Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
13 March 2020
ISBN
10.2991/assehr.k.200306.213
ISSN
2352-5398
DOI
10.2991/assehr.k.200306.213How to use a DOI?
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  -