scholarly journals Juridical analysis of the regulation of fishery resources in the Indonesian exclusive economic zone

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Sri Asih Roza Nova ◽  
Saldi Isra ◽  
Ferdi Ferdi ◽  
Sukanda Husin

As an archipelagic country, Indonesia has a wealth of living and non-biological natural resources, especially in its exclusive economic zone, specifically in this zone, there are an abundant wealth of fishery resources, but the economy and welfare level of traditional Indonesian fishers are still below the poverty line, in addition to the management of exploration and exploitation of fishery resources, Indonesia faces various problems, one of which is a problem with legal provisions. Therefore, researchers will analyze legal problems in managing fishery resources in this study's exclusive Indonesian economic zone. To answer the questions in this study, the authors used normative juridical research methods, and the results of the analysis were described using qualitative methods. After reviewing the literature, the study results indicate that legal problems in the fisheries sector are due to overlapping regulations and conflicting regulations. For this reason, in this study, the authors suggest the need to revitalize the law in the fisheries sector by harmonizing the law.

2017 ◽  
Vol 2 (3) ◽  
pp. 45-50
Author(s):  
Indien Winarwati

Objective - The purpose of the present study is to determine Indonesia's efforts to maintain and protect the fishery resources. Methodology/Technique - The present study used the normative juridical research method by researching the literature available. Findings - As stipulated in UNCLOS, the coastal states have rights, jurisdiction and obligations in the exclusive economic zone. Those rights are the rights to exploration and exploitation, conservation and management of natural resources, both living and non-living, of its waters. Novelty - The present study employed the law approach by examining all laws and regulations relating to the legal issues studied. The study suggests that Indonesia can implement and provide legal certainty with regard to maintaining and protecting marine natural (fishery) resources to support the life of the world community, especially the people of Indonesia to achieve social welfare. Type of Paper: Review Keywords: Indonesian Sea; Exclusive Economic Zone; Indonesia; Protection; Marine Natural Resources. JEL Classification: K32, Q34


2020 ◽  
Vol 2 (02) ◽  
pp. 11-19
Author(s):  
Risti Dwi Ramasari ◽  
Aprinisa Aprinisa ◽  
Okta Ainita

The international community has succeeded in compiling a law of the sea to regulate all forms of use of the sea as well as the benefits of the natural resources contained therein as outlined in the form of an agreement between States as known as United Nations Convention on the Law of the Sea 1982. The sea is divided into several parts / zones, namely the territorial sea, internal waters, contiguous zones, archipelagic waters, the exclusive economic zone and the high seas. The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. In the exclusive economic zone, coastal countries have sovereign rights for exploration and exploitation purposes, conservation and management of natural resources, both living and non-living, from the waters above the seabed and from the seabed and the land below and with respect to other activities for the purposes of exploration and economic exploitation of the zone, such as energy production from water, currents and wind; jurisdiction as defined in the relevant provisions of this Convention with respect to the creation and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. Other rights and obligations as defined in this Convention Key words: Exclusive Economic Zone, Sovereign Rights, Jurisdictional Obligations


Author(s):  
Joko Dwi Sugihartono

<p>in Indonesia is a region bordering the sea region of Indonesia determined by the law which included sea bed, land under it and water above it with the limit of 200miles. This is measured from Indonesian line of the sea.This whole time a lot of people see the shoreline as the sea border. This perspective makes us alienated and lack of knowledge to take advantage of the sea. This understanding also conjures the idea sea toll, to confirm that Indonesia is maritime country. Sea toll means building sea transportation with ships or sea logistic system which will serve nonstop back and forth from Sabang to Merauke. One of the factors to support this is by building ports (deep sea port) order to give faraway to big ships. A course that spreading as far as 5,000 kilometers or an eighth circumference of the earth One of the purposes of sea toll is to move the economy as efficient and evenly as possible. With the hope that, there will be ships back and forth on Indonesian water, so logistics cost will be cheap. That is why; sea toll is one of President Joko Widodo’s priorities which are also meant to develop Indonesia as maritime country and develop Indonesia as national unity. In addition sea toll can also be affirmation, that Indonesia is in every regions even if it is through ships.</p><p><strong>Keywords : Exclusive Economic Zone (ZEE) , Sea Toll , The Shaft Maritime, A Seaport</strong></p>


Author(s):  
Shani Friedman

Abstract This article seeks to contribute to the emerging literature concerning the application of belligerent occupation in maritime zones of the occupied State. It supports the approach that the law of occupation and the law of the sea apply simultaneously in case of occupation of coastal States, offering a new perspective on the jurisdiction of the occupying power to exploit marine resources in the occupied State’s continental shelf and exclusive economic zone. This perspective highlights some issues that have been ignored in the literature thus far to better understand the rights and obligations of the relevant Parties with respect to maritime zones of the occupied State.


2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.


2017 ◽  
Vol 24 (2) ◽  
pp. 172
Author(s):  
Indien Winarwati

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.


2011 ◽  
Vol 25 (1) ◽  
pp. 411-434
Author(s):  
Maria Dragun-Gertner ◽  
Zuzanna Peplowska ◽  
Dorota Pyć

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