Ariq, Muhammad (2023) SEBELUM HITAM DI ATAS PUTIH :ANALISIS KRIMINALISASI INTERNASIONAL TERHADAP ILLEGAL FISHING MENJADI TRANSNATIONAL ORGANIZED CRIME. Undergraduate thesis, FAKULTAS ILMU SOSIAL DAN ILMU POLITIK UNIVERSITAS DIPONEGORO.

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Abstract

Illegal fishing was criminalized as transnational organized crime through the Copenhagen Declaration in 2018, this happened through a criminalization process carried out by actors and through long phases. The aim of this research is to explain how the process of International Criminalization of Illegal Fishing becomes Transnational organized crime through translation of international criminal norm against illegal fishing into an international legal proscription. The method used in this research is a qualitative approach. This research is analyzed using international criminalization theory which has not been found in previous studies.The result of this research is that international criminalization has an important role in making Illegal Fishing a transnational organized crime. This occurs due to social processes and social construction in the development of Illegal Fishing to become a Transnational organized crime. This research emphasizes the importance of the social aspect from the development of Illegal Fishing into transnational organized crime. From the results of this study, it shows how international criminalization plays a role in shaping international legal proscription, namely Illegal Fishing as a Transnational Organized Crime, so that Illegal Fishing can be prosecuted under the regime of the United Nations Convention Against Transnational Organized Crime (UNTOC). In reality, international criminalization is carried out by actors to recognize a crime as an international crime that is different from crimes that have been regulated in domestic regulations. In addition, this study has the conclusion that an international norm is not only formed through the international legal proscription but through social construction behind it.

Keywords: Illegal Fishing, Transnational organized crime, International criminalization

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