CD Skripsi

Reformulasi Pengaturan Sanksi Pidana Terhadap Korporasi Sebagai Pelaku Tindak Pidana Perikanan Berdasarkan Undang-Undang Nomor 31 Tahun 2004 Juncto Undang-Undang Nomor 45 Tahun 2009 Tentang Perikanan

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ABSTRACT
Recognition of corporations as subjects in criminal offenses in the fishery
sector is contained in Article 101 of Law Number 31 of 2004, Juncto of Law Number
45 of 2009 concerning Fisheries which states that, in the event that the criminal acts
referred to in this law are carried out by corporations , criminal charges and penalties
imposed on the management and criminal penalties plus 1/3 (one third) of the criminal
sentences. In this law the criminal target is only aimed at the management only, while
the corporation cannot be sentenced. Such an arrangement will cause many
weaknesses, Logically, for certain cases where the profits derived by the company are
so great and / or the losses incurred by the community are so great, the imposition of
imprisonment / fines "only" to the management will be out of proportion.
The type of research used by the author is normative legal research that
examines the principles of law, namely the principle of strict liability. The type of data
used in this study is to use secondary data, namely primary legal materials (the 1945
Constitution, Laws, Maritime Affairs and Fisheries Ministerial Regulations,
Government Regulations), secondary data (books relating to research results, namely
the regulation of sanctions crimes against corporations as perpetrators of fisheries
crime, legal journals, and legal theory), and tertiary legal materials (legal dictionaries
and the internet). In terms of its nature, this research is a description, namely research
whose purpose is to describe or describe clearly and in detail about the regulation of
criminal sanctions against corporations as perpetrators of fisheries criminal acts
based on fisheries laws.
From the results of this study it can be concluded that the imposition of criminal
sanctions only on the management alone in a fishery crime committed by a corporation
is ineffective and is not sufficient to provide a guarantee that the corporation will not
repeat its actions in the future. This is because the sanctions in the fisheries law are
not comparable with the actions carried out by the corporation, where if there is a
criminal offense in the fishery sector carried out by the corporation it will result in
losses for the community such as small fishermen as well as losses against the state.
The author's suggestion, first should be in the fisheries law, against corporations as
perpetrators of crime, criminal sanctions imposed on the corporation, not just its
managers. secondly, lawmakers are expected to formulate a fisheries law whose
material contains criminal sanctions against the corporation, not just the management.
Keywords: Criminal Sanctions–Corporate–Criminal Act-Fisheries

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0180)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2020

Deskripsi Fisik

ix, 232 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0180)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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