PUNISHMENT OF ‘ILLEGAL FISHING’ IN INDONESIA

The rise of illegal fishing in Indonesia in the last 5 years has caused many problems. In the marine and fisheries sector. because apart from harassing state sovereignty it also causes state financial losses. Losses due to illegal fishing reach US$ 20 billion or Rp. 240 trillion per year.

Indonesian Exclusive Economic Zone

The Indonesian Exclusive Economic Zone is a lane outside and bordering the Indonesian territorial sea. as stipulated based on the law in force concerning Indonesian waters. With this EEZ, the government has sovereign rights to use its policies. in regulating foreign ships carrying out illegal fishing in Indonesian sea territory.

Cases of illegal fishing

One of the cases of illegal fishing in 2015 which prosecuted the captain of a foreign-owned ship. through the court process, namely the case of Zhu Nian Le. Chinese national The captain of the ship M.V. Hai.Fa was charged with article 100 juncto article 7 paragraph (2) of Law number 31 of 2004.
as amended by Law number 45 of 2009 concerning Fisheries. The Ambon Fishery Court’s decision stipulated a fine of IDR 200 million for the Hai Fa Ship Captain.

Sovereign law enforcement

Indonesia as a country that has ratified UNCLOS has the authority and sovereignty to enforce the law. relating to domestic interests in the territorial waters. bordering other countries. In efforts to enforce the law, Indonesia must harmonize national legal provisions with international legal provisions. Actors acting on behalf of companies or individuals.

Prosecution of Offenders against State Losses

In the case of illegal fishing, it has fulfilled the above elements. because crimes are committed by some citizens. the crime occurred in a sea area of the Indonesian state which caused a legal loss. for catching fish over fishing without legal documents. not in accordance with applicable legal procedures it.

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