ENFORCEMENT OF ILLEGAL FISHING CASES AS TRANSNATIONAL CRIMES IN INDONESIA IN THE PERSPECTIVE OF NATIONAL AND INTERNATIONAL LAW
The purpose of this study is to analyze: 1) What is the form of Illegal Fishing activities? 2) How is law enforcement against illegal fishing in Indonesia based on national and international law? 3) Why is Illegal Fishing called a transnational crime?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) There are many types of illegal fishing, such as manipulation of administrative requirements, use of fishing gear that is not permitted, nets that are not in accordance with laws and regulations, and others.Illegal fishing is known as Illegal Unreported and Unregulated Fishing (IUU). 2) Based on the provisions of Article 62 paragraph (4) letter (k) and Article 73 of UNCLOS, Indonesia as an archipelagic country is indeed given the right to enforce the law in the EEZ area if there is or creates a violation of law in the area. However, Article 73 paragraph (3) of UNCLOS provides that penalties imposed by coastal states on actions in EEZ areas must not include corporal punishment. Indonesia can only impose corporal punishment if it has signed bilateral agreements with other countries. Foreign fishing boats that commit fish theft can be fined and then the foreign boat fishermen can be deported to their home country. 3) The existence of transnational crime elements in the IUU fishing and fishing crime element causes international cooperation to be needed to overcome it. Until now there has been no international cooperation that Indonesia can use to eradicate IUU fishing and fishing crime as a crime that requires international cooperation. Until now, there has been no coordination mechanism between the local government and the central government in efforts to prevent and eradicate IUU fishing.
Enforcement, Case, Illegal Fishing, Transnational Crime, Indonesia, Perspective, Law, National, International.