Yuridical Aspect Prevention of "Illegal Fishing" Action in International Law and Implementation in Indonesia

Abstract

Fisheries crime, known as Illegal Fishing, is not only carried out by Foreign Fish Ships (KIA) but also by fishermen or Indonesian fishing vessels (KII). According to IPOA, illegal fishing does not only take fish without permits, but also includes unreported fishing, and unregulated fishing; As an archipelago country that has an interest in the sea, Indonesia nationally adopted UNCLOS III in 1982, with its ratification through Law No. 17 of 1985. From the above matter, the problem that will be examined is how is the regulation on the prevention of ”Illegal Fishing” actions in international law and national law, and how is law enforcement against ”Illegal Fishing” actions in Indonesia. In this study the author uses a type of normative juridical legal research, the data sources used will be more secondary data, although it is not possible to use primary data. From the results of the study, it can be concluded that, Indonesia was given the authority to capture foreign fishing vessels that committed crimes in the territory of the Republic of Indonesia, namely Article 73 UNCLOS 1982 which states that if foreign ships do not comply with coastal state legislation in terms of fishery resource conservation, the state the beach can catch the ship. However, the captured vessel and crew must be immediately released with a reasonable bond given to the coastal country. The punishment for the foreign vessel is also not allowed in the form of corporal punishment (prison). This is because in the EEZ, the coastal state only has sovereign rights and not sovereignty


 

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