Extensive Interpretation of Corporate Liability in the Crime of Illegal Fishing in Indonesia

Abstract

Article 101 of Indonesian Law Number 31 Year 2004 concerning Fisheries states that if there is a crime as mentioned in some previous articles conducted by a certain corporation then prosecution and criminal sanction will be imposed on its directors and the fine amount for the corporation will be added by 1/3 (one third) higher than the sanctions. Given the limitations of the grammatical interpretation of Article 101, some fundamental questions arise: is it true that the Fisheries Act in Indonesia can not determine corporations as defendants of a fishery crime? Is it true that accusing the corporate director is identical to imposing a criminal act for the corporation itself? By using extensive interpretation, the author of this paper believes that corporations should be the legal entities within this norm. Criminal penalties should be charged to the corporate director who was in office at the time of the execution of the verdict. Meanwhile, against the director of the corporation who was in office when the crime occured, he ought be subject to imprisonment in accordance with the maximum limit stipulated by law. In this context, the perpetrators of these crimes are individually liable and not charged to the next board of directors. Such an extensive interpretation is an innovation in legal reasoning and would be beneficial for law enforcement in Indonesia in the way to protect its interests as the largest archipelagic country in the Asia-Pacific region in addressing fisheries issues such as illegal fishing.

The Concept of Corporate Criminal Liability in the Fisheries Sector After the Job Creation Law Application

“…Illegal fishing activities in the Republic of Indonesia's Fisheries Management Area (WPP-RI) have become a common sight, and the perpetrators are not only small-scale fishermen but are also carried out by large capital companies (corporations) (Shidarta, 2019). The provisions in the Fisheries Law make it possible for corporations to be prosecuted criminally as in Article 101 of the Fisheries Law which states "in the event of a crime as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96 are carried out by corporations, charges, and criminal sanctions are imposed on their management and the fine is added to 1/3 of the sentence imposed.…”