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

摘要

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.