Improper criminal imposition can ignore child protection arrangements, because child punishment should be the last resort or the last resort principle and imposed only for a short time. The method used in this research is empirical legal research. Empirical legal research is legal research conducted by examining primary data, namely data obtained directly from the community. As for the results of the Guidance Program for Correctional Students at the Class II Maros Special Child Guidance Institute, there are still some shortcomings such as the absence of a legal awareness program and the provision of formal education which indirectly affects the non-fulfillment of the rights of correctional students, especially because there are still adult prisoners who should be separated from children. The actual role of the officers of the Child Special Guidance Institution in its implementation is still not optimal due to the lack of quality and human resources, and there is no special coach for children. Keywords: Child Crime; Effectiveness; Recidivists
{"title":"The Effectiveness Of The Application Of The Last Resort Principle On Child Residivists In The Child Criminal Justice System","authors":"Mahdiyyah, S. Muchtar, Hijrah Adhyanti Mirzana","doi":"10.24252/ad.v1i2.28183","DOIUrl":"https://doi.org/10.24252/ad.v1i2.28183","url":null,"abstract":"Improper criminal imposition can ignore child protection arrangements, because child punishment should be the last resort or the last resort principle and imposed only for a short time. The method used in this research is empirical legal research. Empirical legal research is legal research conducted by examining primary data, namely data obtained directly from the community. As for the results of the Guidance Program for Correctional Students at the Class II Maros Special Child Guidance Institute, there are still some shortcomings such as the absence of a legal awareness program and the provision of formal education which indirectly affects the non-fulfillment of the rights of correctional students, especially because there are still adult prisoners who should be separated from children. The actual role of the officers of the Child Special Guidance Institution in its implementation is still not optimal due to the lack of quality and human resources, and there is no special coach for children. \u0000Keywords: Child Crime; Effectiveness; Recidivists","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130849185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Covid-19 pandemic has a serious impact on many countries in the world, one is Indonesia. The misuse and distribution of narcotics in Indonesia has become a serious and worrying problem. Narcotics are a real threat and the eradication still requires serious handling, especially during the current Covid-19 pandemic. The implementation of massive remissions during a pandemic era like today has a lot of controversy. The legal issues that will be discussed in this paper are the controversy over granting remissions during the Covid-19 pandemic and how is the implementation of remissions to narcotics criminals during the pandemic? The research method used normative juridical research method which related to the provisions of normative law that apply in society. The results of this study show that the provision of large-scale remissions during the COVID-19 pandemic as today is controversy. This is because remission has an impact on perpetrators of abusing narcotics again. However, if remissions are not given to the prisoners, the inhabited prison will be overcapacity. This overcapacity will have an impact on ineffective services and empowerment in its implementation. This is part of a form of community-based punishment or social reintegration, namely the return of prisoners to the community, because for prisoners who get remission, it does not mean that they get a reduced sentence, but they serve the rest of their sentence outside prison. Keywords: Narchotics; Pandemic Covid-19; Prisoner; Remission
{"title":"The Controversy Of The Over Granting Remissions Against Narcotics Abused During The Covid-19 Pandemic","authors":"J. Widodo","doi":"10.24252/ad.v1i2.26533","DOIUrl":"https://doi.org/10.24252/ad.v1i2.26533","url":null,"abstract":"The Covid-19 pandemic has a serious impact on many countries in the world, one is Indonesia. The misuse and distribution of narcotics in Indonesia has become a serious and worrying problem. Narcotics are a real threat and the eradication still requires serious handling, especially during the current Covid-19 pandemic. The implementation of massive remissions during a pandemic era like today has a lot of controversy. The legal issues that will be discussed in this paper are the controversy over granting remissions during the Covid-19 pandemic and how is the implementation of remissions to narcotics criminals during the pandemic? The research method used normative juridical research method which related to the provisions of normative law that apply in society. The results of this study show that the provision of large-scale remissions during the COVID-19 pandemic as today is controversy. This is because remission has an impact on perpetrators of abusing narcotics again. However, if remissions are not given to the prisoners, the inhabited prison will be overcapacity. This overcapacity will have an impact on ineffective services and empowerment in its implementation. This is part of a form of community-based punishment or social reintegration, namely the return of prisoners to the community, because for prisoners who get remission, it does not mean that they get a reduced sentence, but they serve the rest of their sentence outside prison. \u0000Keywords: Narchotics; Pandemic Covid-19; Prisoner; Remission","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129008282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Penegakan Hukum Terhadap Pelaku Tindak Pidana Penganiayaan Anak","authors":"Kurniawan Kurniawan","doi":"10.24252/ad.v1i1.23843","DOIUrl":"https://doi.org/10.24252/ad.v1i1.23843","url":null,"abstract":"","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131083658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Menilik Penerapan Prinsip Yurisdiksi Universal Negara terhadap Kejahatan Perompakan di Laut Lepas Menurut Hukum Internasional","authors":"Septi Dyah Tirtawati, Joko Setiyono","doi":"10.24252/ad.v1i1.16388","DOIUrl":"https://doi.org/10.24252/ad.v1i1.16388","url":null,"abstract":"","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"375 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124685916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Today the whole world is facing the threat of the COVID-19 Pandemic, such conditions have changed the social attitudes of children and adolescents whose schools have been closed to spend more time online. This change in attitude has an impact on the field of crime or cyber crime, especially in the form of new sexual exploitation that is currently developing by utilizing internet facilities. This new form of sexual exploitation is known as online child sexual exploitationindicated to be increasingly widespread in the midst of the COVID-19 Pandemic.A new form of sexual exploitation that is developing is known as online child sexual exploitation. Several cases of sexual exploitation on a small scale have been found in the Philippines and Thailand, namely cases of grooming (sexual seduction), distribution of child pornography content, and even solicitation in the form of sexting (sending indecent images) have occurred in both countries. The dynamics of cyber crime in the form of online child sexual exploitation have also developed in Indonesia in the midst of the COVID-19 pandemic. Moreover, there are difficulties in identifying and investigating violators, as they can continually adapt technology to enable their sexual harassment and exploitation, and avoid detection.In addition, one of the problems that arise is the inconsistent use of terms or terminology related to child sexual exploitation online, so that it has an impact on difficulties in law enforcement.(law enforcement).Therefore, This scientific article intends to describe and explain the terminology and characteristics of online child sexual exploitation in a positive legal perspective, as well as to identify the dynamics of cyber crime regarding online child sexual exploitation in the midst of the COVID-19 pandemic.
{"title":"DINAMIKA KEJAHATAN DUNIA MAYA MENGENAI ONLINE CHILD SEXUAL EXPLOITATION DI TENGAH PANDEMI COVID-19","authors":"Samsul Arifin, Kholilur Rahman","doi":"10.24252/ad.v1i1.19812","DOIUrl":"https://doi.org/10.24252/ad.v1i1.19812","url":null,"abstract":"Today the whole world is facing the threat of the COVID-19 Pandemic, such conditions have changed the social attitudes of children and adolescents whose schools have been closed to spend more time online. This change in attitude has an impact on the field of crime or cyber crime, especially in the form of new sexual exploitation that is currently developing by utilizing internet facilities. This new form of sexual exploitation is known as online child sexual exploitationindicated to be increasingly widespread in the midst of the COVID-19 Pandemic.A new form of sexual exploitation that is developing is known as online child sexual exploitation. Several cases of sexual exploitation on a small scale have been found in the Philippines and Thailand, namely cases of grooming (sexual seduction), distribution of child pornography content, and even solicitation in the form of sexting (sending indecent images) have occurred in both countries. The dynamics of cyber crime in the form of online child sexual exploitation have also developed in Indonesia in the midst of the COVID-19 pandemic. Moreover, there are difficulties in identifying and investigating violators, as they can continually adapt technology to enable their sexual harassment and exploitation, and avoid detection.In addition, one of the problems that arise is the inconsistent use of terms or terminology related to child sexual exploitation online, so that it has an impact on difficulties in law enforcement.(law enforcement).Therefore, This scientific article intends to describe and explain the terminology and characteristics of online child sexual exploitation in a positive legal perspective, as well as to identify the dynamics of cyber crime regarding online child sexual exploitation in the midst of the COVID-19 pandemic.","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128700302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of writing this article is to focus on how the Indonesian state in accordance with the Contitution, makes the protection of citizen’ rights as one of the main characteristics of the implementation of human rights. In the process important issues that deserve to be studied in depth were discovered (1) the role of the state institutionally protecting citizens from acts of persecution and intolerance that also occurred during the Covid-19 pandemic; (2) prevention of acts of persecution and intoleranceaffecting the life of the nation and state in the past five years occurated in the Covid-19 pandemic. The results of the study provide a perspective that legal efforts which are a form of the existence of the practice of Pancasila and UUD 1945 including the implementation of protection of human rights in Law number 39/1999 concerning Human Rights as legal umbrella that must be upright and firm in its implementation, because law emforcement in human rights will fatale consequences with the destruction of diversity in the Republic of Indonesia, during the Covid-19 pandemic it turned out that persecution and intolerance continued and needed consistency in the protection of human rights law in accordance with the mandate of Pancasila as a value and UUD 1945 as a legal norm.
{"title":"State Protection Against Action Of Persection And Intolerance During The Covid-19 Pandemic","authors":"Mulyati Pawennei, Lisa Mery, S. Arief","doi":"10.24252/AD.V10I1.21078","DOIUrl":"https://doi.org/10.24252/AD.V10I1.21078","url":null,"abstract":"The purpose of writing this article is to focus on how the Indonesian state in accordance with the Contitution, makes the protection of citizen’ rights as one of the main characteristics of the implementation of human rights. In the process important issues that deserve to be studied in depth were discovered (1) the role of the state institutionally protecting citizens from acts of persecution and intolerance that also occurred during the Covid-19 pandemic; (2) prevention of acts of persecution and intoleranceaffecting the life of the nation and state in the past five years occurated in the Covid-19 pandemic. The results of the study provide a perspective that legal efforts which are a form of the existence of the practice of Pancasila and UUD 1945 including the implementation of protection of human rights in Law number 39/1999 concerning Human Rights as legal umbrella that must be upright and firm in its implementation, because law emforcement in human rights will fatale consequences with the destruction of diversity in the Republic of Indonesia, during the Covid-19 pandemic it turned out that persecution and intolerance continued and needed consistency in the protection of human rights law in accordance with the mandate of Pancasila as a value and UUD 1945 as a legal norm.","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128655116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Covid-19, which has attacked the world since the end of 2019, has had a global impact both economically and socially to the world community. Taiwan is one of country categorized as quite successful in dealing with Covid-19. From December 2019 until March 2021 there were 177,578 reported cases in Taiwan with a total of 976 positive cases and resulted in 10 deaths. A very small number compared to other cases that occur in other parts of the world. However, behind all that successful story, migrant workers in Taiwan are still forgotten during the pandemics. Migrant workers, particularly Indonesian migrant workers, who make up the majority in Taiwan, receive the least sympathy and understanding from the community. Several human rights issues confronted Indonesia Migrant Workers during the Covid-19 pandemic, including discrimination, loss of spatial public space, strict mobility limitations, concern for the family in Indonesia, a higher burden of common mental health, and a lower quality of life than local society, difficulty accessing health services and masks, and difficulty returning home. The purpose of this paper is to demonstrate how Indonesian migrant workers' rights were violated in Taiwan during the two phases of the Covid-19 pandemic. The data was collected through interviews, observation, and then was analyzed using the "rights-based" approach. The first phase lasted from December 2019 to March 2020, when the pandemic was still in its early stages, and the second phase lasted from March 2020 to January 2021, after the Taiwan government succeeded in controlling the pandemic
{"title":"The Experience of Indonesian Migrant Workers in Taiwan during Covid-19 Pandemic: A ‘right-based’ Analysis","authors":"Yuherina Gusman","doi":"10.24252/AD.V10I1.21080","DOIUrl":"https://doi.org/10.24252/AD.V10I1.21080","url":null,"abstract":"Covid-19, which has attacked the world since the end of 2019, has had a global impact both economically and socially to the world community. Taiwan is one of country categorized as quite successful in dealing with Covid-19. From December 2019 until March 2021 there were 177,578 reported cases in Taiwan with a total of 976 positive cases and resulted in 10 deaths. A very small number compared to other cases that occur in other parts of the world. However, behind all that successful story, migrant workers in Taiwan are still forgotten during the pandemics. Migrant workers, particularly Indonesian migrant workers, who make up the majority in Taiwan, receive the least sympathy and understanding from the community. Several human rights issues confronted Indonesia Migrant Workers during the Covid-19 pandemic, including discrimination, loss of spatial public space, strict mobility limitations, concern for the family in Indonesia, a higher burden of common mental health, and a lower quality of life than local society, difficulty accessing health services and masks, and difficulty returning home. The purpose of this paper is to demonstrate how Indonesian migrant workers' rights were violated in Taiwan during the two phases of the Covid-19 pandemic. The data was collected through interviews, observation, and then was analyzed using the \"rights-based\" approach. The first phase lasted from December 2019 to March 2020, when the pandemic was still in its early stages, and the second phase lasted from March 2020 to January 2021, after the Taiwan government succeeded in controlling the pandemic","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134110987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Marriage is a form of worship, this is in line with the definition of marriage in the Islamic Law Compilation which reads; marriage is a very strong mitsaqan ghalizhan contract to obey Allah's commands and carry out it is worship. Religion and state also provide rules for marriage, especially at the age of the prospective husband and wife, so that it can be considered mature, with the aim of achieving sakinah mawaddah warahmah. However, there were several cases of underage marriage in Indonesia. And it is in the background of many factors and their respective goals. Among the factors are wanting to maintain religion, honor and achieve happiness and welfare. Such as the case of early marriage in the Tanjung Morawa area in Bangun Sari Village. They decided to get married because the candidates who came were people of good religion and morals, so that the married life they live is blessed according to their hopes and dreams.
{"title":"Early Marriage According To Islamic Law","authors":"Delti Hidayati, Nur Halimah Assa'diah","doi":"10.24252/AD.V10I1.21079","DOIUrl":"https://doi.org/10.24252/AD.V10I1.21079","url":null,"abstract":"Marriage is a form of worship, this is in line with the definition of marriage in the Islamic Law Compilation which reads; marriage is a very strong mitsaqan ghalizhan contract to obey Allah's commands and carry out it is worship. Religion and state also provide rules for marriage, especially at the age of the prospective husband and wife, so that it can be considered mature, with the aim of achieving sakinah mawaddah warahmah. However, there were several cases of underage marriage in Indonesia. And it is in the background of many factors and their respective goals. Among the factors are wanting to maintain religion, honor and achieve happiness and welfare. Such as the case of early marriage in the Tanjung Morawa area in Bangun Sari Village. They decided to get married because the candidates who came were people of good religion and morals, so that the married life they live is blessed according to their hopes and dreams.","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123702064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article outlines the relationship between politics and law in the formation and enforcement of the law in Indonesia until the current reform era. There are three models of relations in describing legal and political relations. First, as Das Sein, the political determinant of the law because the law was born from the political process so that the law is a crystallization of competing for political desires. Secondly, as Das Sollen, the Law of determinants on the politics of every political agenda should be subject to the rules of the law. Thirdly, politics and laws influence each other because political lawlessness will be wronged while the law without an escort will be paralyzed. In the process of forming legislation by political institutions, the role of political power is very decisive because political institutions are formally given the authority in making the law. Political institutions that are not given such authority will become a vacuum. Here it appears that political institutions are only a tool of the group of political power holders. There are three main elements directly related to law enforcement efforts. First, the element of artificial lawn is a legislative institution. Second, the element of law enforcement is the police, prosecutors, and judges. Third, environmental elements include personal citizens and society . Keywords: Determination, politic, formation, and enforcement of the law .
{"title":"DETERMINASI POLITIK PADA PROSES PEMBENTUKAN DAN PENEGAKAN HUKUM DI INDONESIA","authors":"Abdul Rahman","doi":"10.24252/AD.V9I2.16085","DOIUrl":"https://doi.org/10.24252/AD.V9I2.16085","url":null,"abstract":"This article outlines the relationship between politics and law in the formation and enforcement of the law in Indonesia until the current reform era. There are three models of relations in describing legal and political relations. First, as Das Sein, the political determinant of the law because the law was born from the political process so that the law is a crystallization of competing for political desires. Secondly, as Das Sollen, the Law of determinants on the politics of every political agenda should be subject to the rules of the law. Thirdly, politics and laws influence each other because political lawlessness will be wronged while the law without an escort will be paralyzed. In the process of forming legislation by political institutions, the role of political power is very decisive because political institutions are formally given the authority in making the law. Political institutions that are not given such authority will become a vacuum. Here it appears that political institutions are only a tool of the group of political power holders. There are three main elements directly related to law enforcement efforts. First, the element of artificial lawn is a legislative institution. Second, the element of law enforcement is the police, prosecutors, and judges. Third, environmental elements include personal citizens and society . Keywords: Determination, politic, formation, and enforcement of the law .","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132133649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This research analyses how is corporate criminal liability regulation in Indonesia regarding IUU Fishing following the enactment of the Job Creation Law. This research uses both statute approach and conceptual approach as the legal research methods to analyse the issued legal problem. Following the enactment of the Job Creation Law on 5th October 2020, some articles of Law No. 45 of 2009 amending law no. 31 of 2004 concerning Fishery are amended, including the corporate criminal liability regulation. This research’s analyses shows that in order to improve the effectiveness of IUU Fishing law enforcement, specifically the ones being committed by a corporation, the Job Creation Law needs to be amended, specifically its article concerning corporate criminal liability, by changing the used conjunction to ‘and/or, as regulated in the draft of Fishery Law as well. Furthermore, as the term of ‘person in charge’ is more appropriate, in case of corporate criminal liability system, than the one used in the Job Creation Law, which is ‘employee’, the Job Creation Law shall be revised by opting the former term into it.
{"title":"CORPORATE CRIMINAL LIABILITY REGARDING IUU FISHING FOLLOWING THE JOB CREATION LAW ENACTMENT","authors":"Ayu Izza Elvany","doi":"10.24252/AD.V9I2.17695","DOIUrl":"https://doi.org/10.24252/AD.V9I2.17695","url":null,"abstract":"This research analyses how is corporate criminal liability regulation in Indonesia regarding IUU Fishing following the enactment of the Job Creation Law. This research uses both statute approach and conceptual approach as the legal research methods to analyse the issued legal problem. Following the enactment of the Job Creation Law on 5th October 2020, some articles of Law No. 45 of 2009 amending law no. 31 of 2004 concerning Fishery are amended, including the corporate criminal liability regulation. This research’s analyses shows that in order to improve the effectiveness of IUU Fishing law enforcement, specifically the ones being committed by a corporation, the Job Creation Law needs to be amended, specifically its article concerning corporate criminal liability, by changing the used conjunction to ‘and/or, as regulated in the draft of Fishery Law as well. Furthermore, as the term of ‘person in charge’ is more appropriate, in case of corporate criminal liability system, than the one used in the Job Creation Law, which is ‘employee’, the Job Creation Law shall be revised by opting the former term into it.","PeriodicalId":266641,"journal":{"name":"Al Daulah : Jurnal Hukum Pidana dan Ketatanegaraan","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124450365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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