scholarly journals Law Enforcement in Indonesia's Exclusive Economic Zone in the Framework of Indonesia's National Interest in the Marine Sector

2021 ◽  
Vol 8 (9) ◽  
pp. 167
Author(s):  
Bambang S. Irianto ◽  
Made Warka ◽  
Otto Yudianto
Keyword(s):  
Law Enforcement ◽  
National Interest ◽  
Preliminary Evidence ◽  
Maritime Security ◽  
Deterrent Effect ◽  
Fishing Vessel ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Marine Areas ◽  
Fishing Practices

For law enforcement in the IEEZ in the context of Indonesia's national interest in the marine sector, the Indonesian Navy, the Maritime Security Agency (Bakamla), and the Ministry of Maritime Affairs and Fisheries (KKP) have carried out the execution of the sinking of foreign fishing vessels caught carrying out illegal fishing practices in the territorial waters Indonesia. This policy is intended as a stern warning to the perpetrators of illegal fishing as well as a form of Indonesia's commitment in monitoring and enforcing the law in Indonesian marine areas, which will continue to be carried out in order to have a deterrent effect on the perpetrators. However, the act of catching foreign fishing vessels is carried out, still based on the applicable rules and regulations, as well as the fulfillment of sufficient initial evidence.  Sufficient preliminary evidence to arrest a foreign-flagged fishing vessel is evidence that suspects a criminal act in the field of fisheries by a foreign-flagged fishing vessel.

scholarly journals TINDAKAN KHUSUS BERUPA PEMBAKARAN DAN/ATAU PENENGGELAMAN KAPAL IKAN ASING YANG MELAKUKAN TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 583
Author(s):  
Mangisi Simanjuntak
Keyword(s):  
Preliminary Evidence ◽  
District Court ◽  
Fishing Vessel ◽  
Legal Process ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
Applicable Law ◽  
Illegal Fishing ◽  
Fish Resources ◽  
Fishing Vessels

Abstract In the research shows that the rampant illegal fishing causes Indonesia to lose its fish resources around Rp 30 trillion per year. Fishing vessels caught for committing a criminal offense are processed under applicable law. The legal process took so long that many fishing vessels that were moored at the base were damaged while the finished ones and the ship’s court had been auctioned off but in reality the fishing vessel was back to its owner.For  the settlement of both the necessary special measures of burning and / or drowning with sufficient preliminary evidence and approval of the chairman of the district court as stated in Article 69 paragraph (1), (4) and Article 76A of Law Number 45 Year 2009 concerning Fisheries . Countries whose fishing boats conduct illegal fishing protest against such special measures and how prevention efforts for fishery crimes can be minimized? Specific acts for fishery crimes committed in ZEE Indonesia shall not be made as they are contrary to Article 73 paragraph (2), Article 194, Article 309 of the UN Convention 1982 (Unclos 1982) and Article 15   of Law Number 5 Year 1983 on ZEE Indonesia And Article 104 Paragraph (1) of Law Number 31 Year 2004 concerning Fisheries that permit fishing vessels to be exempted by a ransom of adequate security deposit, by way of a court application. Such application shall be filed by the ship’s captain and / or his or her representative.If the court rejects the aforementioned redemption application then the legal proceedings will continue and if the ship is not redeemed, the legal proceedings continue and there should also be a statement signed by the ship’s captain or the representative of his country stating that his fishing vessel will not be redeemed. Burning and / or The drowning of foreign fishing vessels committing fishery crimes in ZEE Indonesia can only be done if the case has a permanent legal force. To engage in the burning and / or drowning of foreign fishing vessels committing a fishery crime in ZEE Indonesia requires a new legal norm as described above. Keywords: Special Measures of Combustion and/or Drowning of Foreign Fishing Vessels

scholarly journals ANALISIS PENGAWASAN KAPAL PERIKANAN TERHADAP PENANGGULANGAN ILLEGAL FISHING DI PERAIRAN KABUPATEN KEPULAUAN SANGIHE, INDONESIA

2018 ◽  
Vol 7 (2) ◽  
pp. 115
Author(s):  
Bayu Y. Suharto ◽  
Johnny Budiman ◽  
Denny BA Karwur
Keyword(s):  
Law Enforcement ◽  
Policy Implementation ◽  
Central Government ◽  
Process Analysis ◽  
The Philippines ◽  
Fishing Vessel ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Hierarchy Process

Kabupaten Kepulauan Sangihe termasuk wilayah yang berbatasan langsung dengan negara lain yaitu Philipina dan juga mempunyai karakteristik wilayah perairan yang memiliki keragaman sumberdaya hayati yang bernilai ekonomis tinggi. Permasalahan yang dihadapai saat ini adalah masih maraknya kegiatan illegal fishing yang terjadi baik dilakukan oleh kapal ikan asing ataupun kapal ikan Indonesia. Tujuan dari penelitian ini adalah menganalisis stakeholder prioritas dan faktor-faktor penting dalam pengawasan kegiatan illegal fishing. Metode analisis yang digunakan adalah Analisis AHP (Analisis Hirarki Proses) yaitu untuk menentukan stakeholder prioritas dan faktor-faktor prioritas dalam pengawasan kapal perikanan dan meningkatkan strategi penerapan kebijakan yang tepat dalam kegiatan pengawasanillegal fishing di wilayah perairan Kabupaten Kepulauan Sangihe. Hasil penelitian ini menunjukan bahwa pemerintah pusat menjadi stakholder prioritas dalam pengawasan kegiatan illegal fishing di perairan Kabupaten Kepulauan Sangihe, yang didukung oleh kegiatan penegakan hukum dan peran dari pemerintah daerah. Faktor-faktor penting dalam pengawasan kegiatan illegal fishing yaitu ketersediaanya sarana, prasarana pengawasan dan anggaran pengawasan serta ditunjang dengan sumber daya manusia pengawas yang terampil dan juga sosialisasi peraturan sehingga kegiatan pengawasan kapal perikanan dapat berjalan dengan optimal.Title: Analysis of Fishing Vessel Supervision on Illegal Fishing Control in the Waters of The Regency of Sangihe Islands, IndonesiaThe regency of Sangihe Islands belongs to an area directly bordering with the neighborhood country, the Philippines and also possesses a typical marine waters with diverse highly economic living resources. Recent problem is illegal fishing practices done by either Indonesian or foreign fishing vessels. Analyze stakeholder priorities and important factors in controlling the illegal fishing activities. The study used a Hierarchy Process Analysis to determine the priority stakeholders and the priority factors in fishery vessel supervision and develop the appropriate policy implementation strategy in illegal fishing surveillance activities in the territorial waters of Sangihe Islands Regency. Results indicated that the Central Government became the priority stakeholder in supervising the illegal fishing in the waters of Sangihe Islands regency, supported by law enforcement activities and the role of the local government. Important factors in the supervision of illegal fishing activities are availability of facilities, monitoring infrastructure and supervision budget and supported by skilled human resources supervisor and also socialization of regulation so that fishery supervision activity can run optimal.

scholarly journals CRIMINAL POLICY IN THE SHIPMENT OF FOREIGN FISHERMAN SHIPS IN THE PERSPECTIVE OF ECONOMIC ANALYSIS

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sri Dwi Retno Ningsih ◽  
Adi Sulistyono
Keyword(s):  
Law Enforcement ◽  
Economic Analysis ◽  
Criminal Policy ◽  
Deterrent Effect ◽  
Criminal Punishment ◽  
Illegal Fishing ◽  
Fish Resources ◽  
Fishing Vessels ◽  
Operational Costs

The theft of fish resources in the Indonesian sea has caused huge losses to the fisheries sector in order to realize the welfare of the community. The Ministry of Maritime Affairs and Fisheries adopted a strict policy to eradicate illegal fishing through the act of sinking illegal fishing vessels. The magnitude of Indonesia's marine and fisheries wealth cannot be utilized optimally. Law enforcement is very important to deal with violations of law in Indonesian waters. One form of law enforcement is to implement policies such as sinking foreign vessels that steal fish in Indonesian waters while taking into account the efficiency and effect of deterrent effect on perpetrators of fish theft. The sinking policy of foreign fish-stealing vessels in Indonesian waters was pursued to secure the sea from looting by foreign parties. This policy will continue even though it could risk creating friction with the countries of origin of the foreign ship. Based on economic analysts on illegal fishing crimes, criminal fines can be used as an alternative to criminal punishment in addition to imprisonment in order to minimize operational costs of law enforcement.

scholarly journals THE DROWNING POLICY THE FOREIGN FISHING VESSELS OF ILLEGAL FISHINGBY INDONESIA GOVERNMENT IN INTERNATIONAL LAW PERSPECTIVE

2019 ◽  
Vol 3 (2) ◽  
pp. 32
Author(s):  
Amry Mangihut Tua
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Dispute Resolution ◽  
Deterrent Effect ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Republic

The drowning of foreign fishing vessels of illegal fishing actors in Indonesia teritory is one of law enforcement efforts to against the eradication of illegal fishing and to enforce the sovereignty of the territory of the Republic of Indonesia. It is a special act mandated in Article 69 paragraph (4) of Law No. 45 of 2009 on fisheries. This sinking policy invites controversy from neighboring countries because it is considered as an action that violates the principle of peaceful dispute resolution and is not regulated in international law. Indonesia keep continues to enforce this policy because it is considered the most effective step in reducing massive illegal fishing in Indonesian waters and has a deterrent effect for the actors. Keywords: drowning policy of foreign ship, illegal fishing, international law

The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels

2013 ◽  
Vol 1 (1) ◽  
pp. 31-48
Author(s):  
Seokwoo Lee ◽  
Young Kil Park
Keyword(s):  
Immediate Release ◽  
Coast Guard ◽  
The Other ◽  
District Court ◽  
Appellate Court ◽  
Legal Analysis ◽  
Fishing Vessel ◽  
Trial Court ◽  
Illegal Fishing ◽  
Fishing Vessels

Abstract On April 20, decisions were issued in two cases concerning Chinese sailors engaged in illegal fishing activities. In one case, a Korean Coast Guard officer was stabbed to death in December 2011 in the process of detaining an illegal Chinese fishing vessel. The trial court, Incheon District Court – Criminal Division, handed down a 30 year prison term and fine of 20 million won to the captain of the Chinese vessel, Luwenyu no. 29, who was responsible for the stabbing. The other sailors and the captain of another Chinese vessel, Lihaoyu, were sentenced between 18 months to 5 years in prison for interfering with the detention.1 The other case occurred in November 2011 where, in the process of detaining a Chinese fishing vessel that had intruded upon Korean territorial waters northwest of Chujado of Jeju to engage in fishing activities, Chinese sailors wounded 5 Korean Coast Guard officers, inflicting upon them injuries that required 2 to 7 weeks of recuperation. The Jeju Regional Court, an appellate court, affirmed the decision of the trial court – which sentenced the Chinese captain to one year and the other two sailors to 14 months – and dismissed the appeals.2 The two cases show a strong determination on the part of the judiciary to deal with the systematic and violent resistance to the prevention of illegal fishing. This paper is a legal analysis of the detention of foreign vessels engaging in illegal fishing. It first looks at the international and domestic regulations concerning illegal fishing, and then proceeds to discuss the issues of security and immediate release following arrest.

scholarly journals Strategy and Concept to Strengthen Maritime Defense in Natuna Regency

2021 ◽  
Vol 56 (1) ◽  
Author(s):  
Cecep Hidayat ◽  
Zaenal Fanani ◽  
Setyo Widagdo ◽  
Fadilah Putra
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Quantitative Method ◽  
Swot Analysis ◽  
Natural Resources Management ◽  
Maritime Security ◽  
State Sovereignty ◽  
National Defense ◽  
Resources Management ◽  
Illegal Fishing

Maritime defense in Natuna Regency is not strong enough to overcome threats in this area, which affects not only maritime security but also concerns regarding natural resources management, facilities, and infrastructure. Additional threats include widespread illegal fishing and state sovereignty violations by foreign vessels in the Natuna Sea. The purpose of the study was to formulate an appropriate strategy to strengthen maritime defense by building a collaboration between the local government of Natuna, private parties, law enforcement, and society as a whole. The study used a descriptive quantitative method and SWOT analysis to formulate the strategy. The result of the study found the strategy of pasti maju could be implemented by the local government of Natuna to strengthen the maritime defense in Natuna Regency. The strategy was formulated from the theory of hybrid and theory of national defense.

scholarly journals Peningkatan Koordinasi Struktur dalam Penegakan Hukum Illegal Fishing di Aceh

2020 ◽  
Vol 22 (3) ◽  
pp. 531-546
Author(s):  
Adwani Adwani ◽  
Sulaiman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Law Enforcement Agencies ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Legal Method ◽  
Research Findings ◽  
The Law

Tujuan penelitian ini untuk menganalisis bagaimana koordinasi struktur dalam penegakan hukum terhadap penangkapan ikan ilegal di perairan Aceh. Analisis ini berdasarkan pemahaman bahwa pemanfaatan sumber perikanan yang dilakukan oleh kapal perikanan harus selalu berdasarkan izin. Khusus bagi nelayan kecil dikecualikan. Realitasnya penangkapan ikan banyak terjadi secara ilegal, sehingga perlu dilakukan penegakan hukum terhadap pelaku pelanggaran. Penelitian ini menggunakan metode sosio-legal, dengan melihat hukum yang tidak terpisahkan dari berbagai faktor lain. Temuan penelitian menunjukkan bahwa penegakan hukum belum terlaksana secara efektif. Struktur yang terlibat dalam penegakan hukum di laut adalah Penyidik Pegawai Negeri Sipil, Tentara Nasional Indonesia Angkatan Laut, dan Kepolisian Air dan Udara. Penegakan hukum dilakukan melalui pengawasan dan penangkapan terhadap kapal-kapal yang melakukan penangkapan ikan secara ilegal. Sebanyak 36 kapal ditangkap dan dikenakan sanksi hukumnya. Koordinasi struktur dalam penegakan hukum masih kurang. Disarankan supaya dilakukan penegakan hukum secara terus-menerus yang efektif dan dilakukan koordinasi secara intensif antara para penegak hukum dengan memperkuat personil dan peralatan dalam penegakan hukum di laut. Improvement of Structural Coordination in Illegal Fishing Law Enforcement in Aceh This study aims to analyze the structural coordination in law enforcement against illegal fishing on the Aceh coast. This analysis is based on the understanding that the use of fisheries by fishing vessels must always be based on a permit. Especially for small fishermen it is excluded. In fact, many fishing occurs illegally, so it is necessary to enforce the law against the perpetrators. This research uses the socio-legal method, by looking at the law that is inseparable from various other factors. Research findings indicate that law enforcement has not been implemented effectively. The structures involved in the law enforcement are Civil Servant Investigators, the Indonesian National Army, the Navy, and the Air and Water Police. Law enforcement is carried out through the supervision and arrest of vessels fishing illegally. A total of 36 ships were arrested and subject to sanctions. Structural coordination in law enforcement is lacking. It is recommended that effective continuous law enforcement and intensive coordination between law enforcement agencies be carried out by strengthening personnel and equipment in law enforcement at sea.

scholarly journals COMPROMISE SOLUTION TO THE CONFLICTING OBJECTIVES IN THE MANAGEMENT OF THE ARAFURA SEA SHRIMP FISHERY

2017 ◽  
Vol 17 (1) ◽  
pp. 37
Author(s):  
Purwanto Purwanto
Keyword(s):  
Economic Losses ◽  
Compromise Solution ◽  
Shrimp Fishery ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Conflicting Objectives ◽  
Arafura Sea ◽  
Over Exploitation ◽  
Fishing Practices

Fisheries mis-management, including over allocation of fishing vessels, and illegal fishing practices in the Arafura Sea shrimp fishery had resulted in over exploitation of shrimp stock and economic losses.

scholarly journals PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP

2020 ◽  
Vol 4 (2) ◽  
pp. 130-144
Author(s):  
Banan Prasetya
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Court Decision ◽  
Legal Research ◽  
Indonesian Government ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
The Status ◽  
Legal Consequences ◽  
Legal Force

ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum 

scholarly journals ILLICIT ENRICHMENT DALAM PENEGAKKAN HUKUM PENGAMBILAN IKAN SECARA TIDAK SAH (ILLEGAL FISHING) DI WILAYAH PERAIRAN INDONESIA

2018 ◽  
Vol 25 (1) ◽  
pp. 44
Author(s):  
Endiyono Raharjo ◽  
Rio Saputra
Keyword(s):  
Law Enforcement ◽  
Private Sector ◽  
State Government ◽  
The State ◽  
Deterrent Effect ◽  
Marine Resources ◽  
Government Officials ◽  
Illegal Fishing ◽  
Private Entrepreneurs ◽  
Sea Area

With a sea area of more than 5.8 million km² Indonesia into the fields were wet for the perpetrators of illegal fishing, but it is not only those involved in illegal fishing are committing exploitation of marine resources in it, due to ease and expedite actions of those involved in illegal fishing have interference from government officials and private entrepreneurs who help in exploiting marine resources in it. Illicit enrichment officials and private entrepreneurs in committing permudahan and facilitate the exploitation of marine resources by those involved in illegal fishing would be a bad precedent for officials and the private sector, which should keep and explore marine resources so that their needs and income that should belong to the state. Government that is supported by law enforcement in the rigor and candor regulations should be able to make the deterrent effect of government officials and private entrepreneurs who do illicit enrichment.

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