CORPORATE LIABILITY FORMULATION POLICY ACCORDING TO ARTICLE 101 OF LAW NUMBER 31 OF 2004 JUNCTO LAW NUMBER 45 OF 2009 CONCERNING FISHERIES IN TERM OF CRIMINAL LEGAL REFORM IN INDONESIA

The corporation is the brain and source of funds for all illegal fishing activities and other crimes that occur along the chain of fishing business activities. According to Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries, Article 101 states that: "In the case of a criminal acts as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 89, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96, the acts are committed by corporations; prosecution and criminal sanctions are imposed on their management and the fine is added by 1/3 (one third) of the sentence imposed." It is necessary to renew the Fisheries Law in order to provide an overview in determining the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in Indonesia. The type of this research was normative by using primary, secondary and tertiary sources of legal materials. From the results of research and discussion, it was revealed that Corporate Liability according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in Indonesia currently does not explain things about the meaning of the word "management", which parties in the management structure of a corporation that can be held accountable, or to what extent the authority possessed by parties in the management structure of a corporation can be subject to criminal responsibility. Therefore, the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in the future should be changed, this is important considering the formulation stage is the most strategic stage in the efforts to prevent and to control crime by including / expanding criminal liability, not only for the management but also for the corporation and its management.

Illegal Capture of Fish by Foreign State Ships from the Perspective of International Law

The Indonesian Sea has an area of 5.8 million km2, with 17,480 islands offering a coastline of 95,181 km2, with has a large and diverse fishery potential. The economic potential of fisheries offers a substantial and significant sustainable base for national development. However, there are a number of irresponsible parties who take Indonesian marine products illegally. The implementation of Act No. 45 of 2009 concerning Fisheries is a positive step and is a basis or rule in deciding legal issues related to illegal fishing. The Fisheries Law adopts several provisions of international law on maritime affairs, one of which is the 1982 United Convention on the Law of the Sea (UNCLOS) and Indonesia has ratified the UNCLOS through Act No. 17 of 1985. The government through the Ministry of Marine Affairs and Fisheries (KKP) issued several policies to prevent illegal fishing practices, including Improving Facilities and Infrastructure, Supervision of Law Enforcement in the Fisheries Sector, Establishing a Task Force to Eradicate Illegal Fishing. Keywords: Foreign Ships, Illegal Fishing, International Law

REPRODUCTIVE BIOLOGY IN GREEN SPINY LOBSTER, PANULIRUS REGIUS (DE BRITO CAPELLO 1864), FROM THE PETITE COTE OF SENEGAL, WEST AFRICA

Green spiny lobster is one of the highest economically valued fisheries resources in Senegal. However, knowledge on this species are relatively old and insufficient. To realize this study on reproductive biology of Panulirusregius, sampling has been carried out between April and September 2017 from small-scale fisheries landed catches at the Petite Cote, Senegal. The length at first sexual maturity computed from the body allometric relationship according to the cephalothorax length (CL) was 67.95 mm in females and 67.51 mm in males. The CL at which 50% of the females were mature during the breeding season (CL50) was 94.50 mm. Individual fecundity was between 229,860 and 638,775 eggs depending on CL of individuals. In the catches surveyed, 64% of landed individuals had a total length (TL) less than 200 mm, which is the minimum landing length in accordance with the Senegalese fisheries law. This result indicates the difficulties to apply management measures relative to this fishery, which could compromise its sustainability in Senegalese Petite Cote.

Illegal Fishing dalam Kajian Hukum Nasional dan Hukum Internasional: Kaitannya dengan Kejahatan Transnasional

Illegal fishing practices are transnational in nature, which are not so easy to prevent and eradicate without international cooperation. Several international treaties both in the field of international maritime and fisheries law as well as international crimes have not categorized it as a transnational crime. This article discusses regulations that cover the issue of illegal fishing according to Indonesian national law and international law and examines the urgency of countermeasuring illegal fishing as a transnational crime. This article is a normative legal research with a statutory approach that explores the relevant national and international legal instruments which analyzed using descriptive methods. The results indicated that illegal fishing has been strictly regulated both in national and international law, although international law has not categorized illegal fishing as a crime that has cross-border characteristics. Therefore, there is an urgency to countermeasuring illegal fishing through international cooperation. In terms of the implementation of Indonesian national law, until now there seems to be lack of coordination between the national government and regional governments in establishing a mechanism related to efforts to prevent and eradicate illegal ?shing. Praktik Illegal fishingbersifat transnasional yang sulit untuk dicegah dan diberantas tanpa adanya kerjasama internasional. Sejumlah perjanjian internasional baik di bidang hukum laut dan perikanan internasional maupun pidana internasional belum mengategorikan illegal fishing sebagai suatu kejahatan transnasional. Artikel ini membahas pengaturan terkait Illegal Fishing menurut hukum nasional Indonesia dan hukum internasional serta menelaah urgensi penanggulangan Illegal Fishing sebagai kejahatan transnasional.Artikel ini merupakan penelitian hukum normatif dengan pendekatan perundang-undangan yang menelusuri instrumen hukum nasional dan internasional yang relevan yang dianalisis dengan metode deskriptif. Hasil penelitian menunjukkan bahwa Illegal Fishing sudah diatur secara tegas baik dalam hukum nasional maupun hukum internasional, kendatipun kukum internasional belum mengategorikan illegal ?shing sebagai kejahatan yang memiliki karakteristik lintas batas Negara. Oleh karenanya, penanggulangan illegal fishing urgen dilakukan melalui kerjasama internasional. Dari segi implementasi hukum nasional Indonesia,hingga saat ininampaknya belum terdapat koordinasi antara pemerintah pusat dengan pemerintah daerah dalam menetapkan suatu mekanisme berkaitan dengan upaya pencegahan dan pemberantasan illegal ?shing.

Latent Securitisation of Illegal, Unreported and Unregulated (IUU) Fishing in Indonesia

This paper aims to explore and explain to what extent and in what ways the Indonesian Government has securitised the Illegal, Unreported and Unregulated (IUU) fishing in Indonesia since 2009, by utilising critical discourse analysis. Using the Securitisation theory from the Copenhagen School, this paper explains the analysis of the speech act and extraordinary measures from SBY’s administration, Jokowi’s first term and second term administration. While IUU fishing has been a severe global issue, 30 percent of the cases take place in Indonesia and it becomes a serious threat for the economy and maritime resources. In 2009, Indonesia amended the fisheries law by establishing the new article about the right to burn and sink illegal foreign vessels. However, the securitisation remained ‘latent’ as it lacks the extraordinary measures and supporting speech act from the government. In 2014, during Jokowi’s first term, Indonesia had done extraordinary measures by regularly sinking the illegal foreign vessels. During Jokowi’s second term, the measures were gone, although the law still exists. Thus, it became ‘latent’ again in 2019 up until present. This paper claims that the Indonesian Government successfully securitised the issue in 2014 after the latent securitisation that happened in 2009. However, it remained ‘latent’ again in 2019 up until now.