Alternative Sanction to Imprisonment in Law Enforcement Against Illegal Fishing Perpetrators in Indonesia's Exclusive Economic Zone

Abstract

The problem of law enforcement against illegal fishing perpetrators in Indonesia's Exclusive Economic Zone or ZEEI needs to find a solution, especially related to imprisonment which cannot be imposed on the perpetrator. Practically, the imposition of fines also cannot be applied optimally with various existing obstacles. It is of course becomes a problem when the coastal state wants to impose a proper punishment for the perpetrators of illegal fishing in the ZEEI. In other words, when the coastal state wants to punish the perpetrators of illegal fishing, but what happens is a legal vacuum that causes the perpetrators of illegal fishing to go unpunished. The resulted of this, the perpetrators of illegal fishing in Indonesia not feeling threatened and deterred from repeating their actions. Based on this background, the focus of the problem in this study examines the urgency of alternative sanctions to imprisonment for illegal fishing perpetrators in ZEEI and alternative sanctions to imprisonment as a model of criminal sanctions policy against illegal fishing perpetrators in ZEEI. The problem approach in this study uses several approaches such as the statute approach, analytical approach, conceptual approach, comparative approach, and case approach.The results of the study shows that alternative sanctions to imprisonment as a model of criminal sanctions policy against illegal fishing perpetrators in ZEEI can optimize community services orders. The perpetrators of illegal fishing in the ZEEI must be responsible for their actions by taking immediate steps to correct the results of their actions through social work. The idea of community services orders that can be done by illegal fishing perpetrators is to actively work in marine and fishery conservation programs, such as coral reef conservation, mangrove planting, sweeping garbage in the sea or beach, and so on. This is due to the impact of illegal fishing itself which damages the environment and fishery ecosystem.