CRIMINAL LIABILITY OF FOREIGN CORPORATIONS IN ILLEGAL FISHING CRIMINAL OFFENSE IN INDONESIAN TERRITORIAL WATERS

Wira Perkasa Rimakat, Muhammad Andhika (2019) CRIMINAL LIABILITY OF FOREIGN CORPORATIONS IN ILLEGAL FISHING CRIMINAL OFFENSE IN INDONESIAN TERRITORIAL WATERS. Bachelor thesis, Universitas Ahmad Dahlan.

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Abstract

Indonesia is the largest archipelagic country in the world. The consequence of
being an archipelagic country is the rich marine potential that it possesses. The
entry of fishermen from the neighboring countries is a reminder that Indonesia has
abundant potential fish resources. The country suffers a big loss from illegal
fishng. This research aims at analyzing the liabi1ity of the illegal fishing
perpetrators or fishing boats involved in illegal fishing cases in Indonesian
territorial waters. Thus, this research formulates the following research questions:
(i) how the criminal liability of foreign corporation is in illegal fishing criminal
offense in Indonesian territorial waters, (ii) how the implementation of vicarious
liability principle is in the cases of foreign corporation as the perpetrators of
illegal fishng criminal offense in Indonesian territorial waters.
This research aims a finding out and analyzing: (i) the criminal liability of
foreign corporation as the perpetrators of illegal fishing criminal offense in
Indonesian territorial waters, (ii) the implementation of vicarious liability
principle in the cases of foreign corporation as the perpeaators of illegal fishing
criminal offense in Indonesian territorial waters.
The research is normative legal research. The research used secondary data
sources, including primary, secondary and tertiary legal materials. The method
used for the secondary data collection was library research. All data were
ana1yzed in a descriptive quantitaive manner.
The findings of the research indicated that the criminal liability of foreign
corporation was not regulated in the Law No. 31 of 2004 J.o. Law No. 45 of 2009
and only the captain of a foreign fishing boat would be fined. Meanwhile, the
vicarious liability principle was not applicable for foreign corporations as the
perpetrators of illegal fishing criminal offense.

Item Type:	Thesis (Bachelor)
Subjects:	K Law > K Law (General)
Divisi / Prodi:	Faculty of Law (Fakultas Hukum) > S1-Law Science (S1-Hukum)
Depositing User:	publikasi uad
Date Deposited:	15 Oct 2019 01:26
Last Modified:	15 Oct 2019 01:26
URI:	http://eprints.uad.ac.id/id/eprint/15323

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