Volume 18, No. 6, 2021

Progressive Justice-Based Prevention Of Illegal Fishing Policy Reform


Akhmad Khisni

Abstract

The state of Indonesia is a maritime country where the territorial waters in the country of Indonesia are quite extensive. The vast area of these waters makes Indonesia have abundant marine resources including fisheries. It is not uncommon for the Indonesian state to become a target in the criminal act of illegal fishing, the losses caused by this have a huge impact on the state, because it requires a formulation of state loss recovery after the occurrence of illegal fishing. This article used sociological juridical methods tries to explore and analyze and find a way out of the illegal fishing problem. As for the results of the research it was found that the existing sanctions were in the form of sinking foreign ships. Data from the KKP shows that since October 2014 there were 317 ships, with details of Vietnam 142 ships, Philippines 76 ships, Thailand 21 ships, Malaysia 49 ships, Indonesia 21 ships, Papua New Guinea 2 ships, China 1 ship, Belize 1 ship and 4 without a country ship1. Basically, the law enforcement mechanism in cases of illegal fishing is not currently able to bring justice to the community, this is due to the enormous value of losses that so far have not been able to be replaced through any existing law enforcement. In its development, vessels which are evidence in the case of illegal fishing should be able to be allocated for the losses that have been incurred, but in reality most vessels which are evidence in the illegal fishing case have been sunk, this is in accordance with the provisions stipulated in Article 69 of the Fisheries Law. This is clearly an action that is also unable to compensate for the losses from illegal fishing.


Pages: 209-224

Keywords: Illegal Fishing, Policy, Insurance, Reform

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