RECONSTRUCTION OF LAW ENFORCEMENT AGAINST FISH THEFT IN INDONESIAN TERRITORIAL WATERS BY CORPORATIONS
This study aims to study; 1) What are the problems in law enforcement of illegal fishing committed by corporations in Indonesian territorial waters?; 2) How is the reconstruction of law enforcement against the criminal act of fish theft in Indonesian territorial waters by corporations"? The research method used is normative juridical with a statutory approach, concept approach, and case study approach. The results showed that; 1) the problems in law enforcement of illegal fishing committed by corporations in Indonesian territorial waters, namely There are many cases of corporations committing illegal fishing crimes in order to get far greater profits than fishing legally. Some cases can be seen only stopped at people who do it, namely the Fishing Master or Skipper and Crew (ABK) but have not reached out to the corporation. Article 101 of the Fisheries Law states that if the crime is committed by a corporation, the corporation will also be subject to criminal sanctions through its management. The provision of criminal sanctions to corporate administrators for corporations that commit illegal fishing crimes causes problems. 2) Reconstruction of law enforcement against the criminal act of fish theft in Indonesian territorial waters by corporations requires revision of Law No. 45 of 2009 concerning Fisheries. Corporate liability in article 101 is a form of criminal provision for illegal fishing crimes and if the corporation commits illegal fishing crimes listed in the article, then criminal charges and sanctions can be imposed against its management and the fine is 1/3 of the crime imposed which is not comparable to the crime committed by the Corporation.
Reconstruction, Law, Enforcement, Illegal Fishing, Corporation.