Legal Responsibility For Corporations Regarding The Crime Of Illegal Fishing In Indonesia

Authors

  • T. Riza Zarzani Panca Budi Development University
  • Ismaidar Ismaidar University Medan
  • Welli Nirpa Pasaribu University Medan

DOI:

https://doi.org/10.62951/ijls.v1i3.93

Keywords:

Liability, Corporations, Crime, Illegal Fishing

Abstract

Indonesia is known as the largest archipelagic country in the world and is recognized as having a maritime territorial area that is almost equal to its land area. Indonesia's territorial waters contain abundant potential fishery resources and marine diversity, making it known as a maritime country. Illegal fishing is an activity or fishing activity that is contrary to a country's laws or international regulations, where the majority of perpetrators are corporations. Illegal fishing practices have a tremendous impact on marine sustainability, causing huge losses to the country. The occurrence of illegal fishing is caused by weak law enforcement and supervision in Indonesian waters and the authorities' indecisiveness in handling illegal fishing perpetrators. Understanding illegal fishing and crimes committed by corporations should be a strong basis for every legal practitioner to process and impose appropriate and correct sanctions on every perpetrator of illegal fishing or corporate crime perpetrators. The method used in this research is a normative legal research method sourced from primary data, namely the Criminal Code (KUHP), Law Number 45 of 2009 in conjunction with Law Number 31 of 2004 concerning Fisheries, Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH), secondary data and tertiary data based on regulations relating to fisheries and corporate crimes. The data collection method is qualitative descriptive analysis with literature study using a statute approach. This research aims to determine the factors that cause the crime of illegal fishing in Indonesia, the legal responsibility of corporations related to the crime of illegal fishing in Indonesia and the efforts made to prevent or eradicate the occurrence of criminal acts. illegal fishing in Indonesia.

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References

Belardo Prasetya Mega Jaya. (2016). Law Enforcement Actions Against Foreign Vessels Carrying Out Illegal Fishing in Indonesian Fisheries Management Areas (Thesis, Faculty of Law, University of Lampung). Retrieved from [source]

Civil Procedure Code (KUHPerdata).

Constitution of the Republic of Indonesia (UUD 1945).

Criminal Code (KUHP).

Fredy Alexander Tamara. (2015). The Authority of the Indonesian National Army and Navy in Eradicating Illegal Fishing in National Jurisdictional Waters. Lex et Societatis, III(6), 24.

Hadari Nawawi. (2005). Social Research Methods (p. 33). Gajah Mada University Press.

John M. Echols & Hassan Shadily. (2002). Indonesian English Dictionary (p. 311). Gramedia Pustaka Utama.

Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management.

Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to Law of the Republic of Indonesia Number 31 of 2004 concerning Fisheries.

Priyatno. (2014). Legislative Wisdom on the Corporate Criminal Responsibility System in Indonesia (pp. 18-19). Utomo.

Sari Wiji Astuti. (2015). Political and Legal Reorientation of Regional Maritime Area Management According to Law Number 23 of 2014 concerning Regional Government: Supporting the Vision of a Regional Maritime State. Selat Journal, 3(1), 382-392.

Soerjono Soekanto. (1986). Introduction to Legal Research (p. 43). University of Indonesia Publishers.

Supreme Court Regulation (PERMA) Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations.

Supriadi & Alimudin. (2006). Fisheries Law in Indonesia (p. 2). Sinar Graphics.

Sutan Remy Sjahdeni. (2007). Corporate Criminal Responsibility (p. 59). Press Graffiti.

The references have been arranged in ascending order based on the author's last name or the first significant word of the citation if there's no author.

TNI Headquarters. Navy. (2008). In Tackling Illegal, Unreported and Unregulated Fishing.

Utomo, Bambang Budi. (2016). Indonesian Maritime Heritage. Pustaka Obor Foundation.

Published

2024-06-03

How to Cite

T. Riza Zarzani, Ismaidar Ismaidar, & Welli Nirpa Pasaribu. (2024). Legal Responsibility For Corporations Regarding The Crime Of Illegal Fishing In Indonesia. International Journal of Law and Society, 1(3), 227–238. https://doi.org/10.62951/ijls.v1i3.93