Asian-Pacific Aquaculture 2024

July 2 - 5, 2024

Surabaya, Indonesia

IMPLEMENTATION OF UNCLOS 1982 ON CAPTURE FISHERIES BUSINESS IN CASES OF ILLEGAL FISHING IN THE WATERS OF THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ)

Habson Batubara* , Lisa Mery, Patawari, Sitti Faridah, Mohammad Syaichuddin, Hamzah, Akmal, Abdul Gafur, Iman Sudrajad, Lideman, Yuani Mundaya, Syamsul Bahri, Kamaruddin, Muslimin, Herlina, Elisa Winanda, Joula Sondack, Nani Undap , Suciati, Arfandi

 

 



 This study aims to determine  the status of the Law and its Implementation against Foreign Nationals (FN) Illegal Fishing Business Actors in the waters of the Indonesian Exclusive Economic Zone (I EEZ), based on the Indonesian Positive Law and UNCLOS 1982.  The research method used is juridical normative with a qualitative approach to study the Fisheries Criminal Verdict (Tipikan) and the Bitung District Court / Fisheries SIPP from 2019 to 2020.  The results show that cases  of Illegal Fishing by Foreign Nationals (FN) in the Indonesian Exclusive Economic Zone (I EEZ) are examined, tried and decided in accordance with the Fisheries Law, Criminal sanctions are incompatible and contrary to Indonesia’s Positive Law, both Criminal Law and Fisheries Law, but follow and are in line with UNCLOS Year 1982. Legal Status and liability are only imposed on the Master as the leader on board the Ship as a representative of the ship owner/Corporation. Meanwhile, the implementation of Indonesia’s positive law against Unclos in 1982 is only in the form of fines, confiscation of evidence. As an effort to seek compensation for  Illegal Fishing Actions in the Waters of the Indonesian Exclusive Zone (I EEZ).