| Home

Overview


Original Research

LEGAL STATUS OF ABK IN LICENSING VIOLATIONS ACROSS EXCLUSIVE ECONOMIC ZONES

SYAIFUL WAHYUDI 1, LAZARUS TRI SETYAWANTA REBALA 2, and JOKO SETIYONO 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10902565   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer, Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1152-1165   |   Published on: 30-03-2024

Abstract

The purpose of this study is to analyze: 1) How are licensing arrangements across exclusive economic zones? 2) What are the legal penalties for licensing violations across the exclusive economic zone? 3) What is the certainty of the legal status of fishermen in licensing violations across the exclusive economic zone? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) legal fishing in the sea of the Exclusive Economic Zone is with permission from the Indonesian government. Permission from the Indonesian government is given to every fisherman, both Indonesian and foreign fishermen. Foreign fishermen have permits to utilize biological resources in Indonesia's EEZ seas if they exceed Indonesia's ability to utilize them. 2) Fisheries Crime in the EEZ Area is specifically regulated in the Fisheries Law, contained in articles 84 to 104. These criminal provisions are criminal acts outside the Criminal Code that are regulated deviantly, because the criminal acts can cause damage to the management of Indonesian fisheries which results in harming the community, nation and state. The application of sanctions against foreign fishing vessels in accordance with Article 10 of the Criminal Code is known to have two types of criminal penalties, namely the main criminal and additional crimes. 3) Perpetrators of Illegal Fishing violations in EEZ waters for foreign vessels are subject to greater and appropriate fines so as not to cause major losses to coastal States, and will provide a deterrent effect for perpetrators of Illegal Fishing violations against foreign vessels. Meanwhile, violations of Illegal Fishing by coastal States are subject to penalties applicable in the country.


Keywords

Status, Law, ABK, Violation, Licensing, Traversing, Exclusive Economic Zone.