Maya Shafira, Maya Shafira and muhammad akib, akib and Eddy, Rifai Reformulation of the Ultimum Remedium and Primum Remedium Principles in the Legislation Policy of Handling Illegal Fishing. In: SEMINAR ISMFR UGM 2021. (Unpublished)


Download (176kB) | Preview


Criminal sanctions are one of the most effective means used to tackle crime. Still, in administrative legislation, criminal sanctions are the last effort applied when administrative sanctions are not obeyed. Based on the criminal classification, subjects of criminal acts and other violations in fisheries need to be reformulated in the principles of criminal law as ultimum remedium and primum remedium in the Fisheries Law. The problems that will be studied and analyzed in this paper are related to the existing conditions of criminal law policies in fisheries and the reformulation of the ultimum remedium and primum remedium principles in the legislation policy of handling illegal fishing. By the problems discussed in this research, the method in this research is doctrinal legal research with a statutory approach. The study results show that criminal law policies in the field of fisheries can be seen in criminalization policies related to several articles that classify as crimes and violations. The reformulation of the ultimum remedium and primum remedium principles in the legislation policy for handling illegal fishing includes the subject/perpetrator of illegal fishing positioned in administrative sanctions as primum remedium, especially for violations by corporations, and optimizing promptly released actions against foreign fishers as primum remedium. Keywords: Ultimum Remedium, Primum Remedium, Illegal Fishing, Legislation Policy

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > KZ Law of Nations
Divisions: Fakultas Hukum (FH) > Prodi Doktoral Ilmu Hukum
Depositing User: MAYA SHAFI
Date Deposited: 11 Nov 2021 09:37
Last Modified: 11 Nov 2021 09:37

Actions (login required)

View Item View Item