Koherensi Pengaturan Illegal, Unreported, and Unregulated Fishing Di Indonesia

Akbar, Muhammad Fatahillah

doi:10.33331/rechtsvinding.v8i2.319

Cited by 4 publications

(6 citation statements)

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“…These goals correspond to the achievement of both the Aichi Targets (Convention on Biological Diversity Strategic Plan 2011-2020) and Sustainable Development Goal 14 "Life Under Water" [37]. As an archipelagic state possessing 6.4 million km 2 of water areas [38], Indonesian seas are easy targets for illegal, unreported, and unregulated fishing (IUU Fishing, IUUF) practices [39]. IUU Fishing does not only impact the economic sector, but also the sustainability of marine and coastal environment.…”

Section: Indonesia's Goals and Commitmentmentioning

confidence: 99%

“…Studies also revealed deficiencies in the regulation of IUU Fishing under the Fisheries Law, leading to the urgency of reformulation that can optimize the protection of biological -including fisheryresources, this includes regulations on corporate criminal liability for IUUF practices. In addition, in terms of implementation, coordination between the central and local governments is highly required in establishing an appropriate mechanism to prevent and eradicate the practice of IUU Fishing [39,42].…”

Section: Indonesia's Goals and Commitmentmentioning

confidence: 99%

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Conserving 30% of the Ocean: Indonesia’s Commitment and Effort towards the Global Urge

Maskun

Assidiq

Bachril

et al. 2023

IOP Conf. Ser.: Earth Environ. Sci.

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As a home to the largest continuous ecosystem, our ocean faces a serious threat under the changing climate. Concerns regarding the effectiveness of existing ocean governance have been raised, highlighting the need for timely mitigation and adaptation measures. Improving efforts for ocean protection is now seen as vital to maintaining the ecosystems and to reversing threats from climate crisis, this has resulted in a global pledge: conserving 30% of the ocean. The conservation call has been made to all states especially those in most vulnerable circumstances, including Indonesia. This study is devoted to assess Indonesia’s commitment in protecting the ocean especially on how the laws and regulations as well as public policy within its national legal framework has so far made responses to emerging threats. By applying a normative-empirical research method, this study reveals a need for more ambitious ocean-conservation legal standards. As international community moving towards nature-pact goal to conserve 30% of the ocean, Indonesia needs to put some serious effort to keep up with the global urge, one of which is by formulating appropriate policy and putting it into practice.

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Section: Indonesia's Goals and Commitmentmentioning

confidence: 99%

Section: Indonesia's Goals and Commitmentmentioning

confidence: 99%

Conserving 30% of the Ocean: Indonesia’s Commitment and Effort towards the Global Urge

Maskun

Assidiq

Bachril

et al. 2023

IOP Conf. Ser.: Earth Environ. Sci.

View full text Add to dashboard Cite

show abstract

“…These factors give rise to an interest in Vietnam in collaborating to combat illegal fishing with Indonesia, namely; (1) the interest in protecting Vietnam's marine environment (Akbar, 2019). One of the points in this collaboration discusses cooperation in improving the management of capture fisheries in each country so that this collaboration can help…”

Section: Declaration Of Indonesia -Vietnam As a Medium-term Goalmentioning

confidence: 99%

Indonesian Foreign Policy in the Case of Illegal Fishing of Vietnamese Fishermen in the Natuna Islands on the Border of Indonesia and Vietnam in 2014-2021

Agria Ningrum,

Elyta,

Nuzulian

2023

J. Bus. Manag. Econ. Development.

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Illegal fishing is part of a transnational crime that has an impact on Indonesia's losses because it can cause a reduction in the scale of production and damage to natural ecosystems. Currently, Indonesia is one of the potential zones in the 14 fishing ground zones in the world. Issues related to illegal fishing are not new cases on Indonesia's borders. One of them is that the border waters between Indonesia and Vietnam often involve transnational illegal fishing crimes. In explaining this case, the author uses the concept of Transnational Organized Crime (TOC) and Foreign Policy theory which aims to explain and describe Indonesia's foreign policy. This research uses a qualitative method with a qualitative descriptive approach, where the author will provide a general description of the problem and then draw specific conclusions. UNCLOS 1982 is Indonesia's long-term goal to address illegal fishing cases. Law no. 5 of 1983 concerning the Indonesian Exclusive Economic Zone (ZEEI) also regulates UNCLOS violations regarding illegal hunting. This law regulates fish resource utilization activities in the Exclusive Economic Zone. In Foreign Policy, Indonesia also identifies the cooperative relations agreement between Indonesia and Vietnam, as well as Presidential Decree number 16 of 2017 concerning Indonesian maritime policy. However, Indonesian policies have not had a significant impact in reducing the number of illegal fishing cases in Indonesia.

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“…Article 84 paragraph 1 the perpetrator is more common, namely "everyone". While paragraphs 2, 3, and 4 provide different subject specifications, namely the skipper or leader of the fishing boat, fishing expert, and crew members (paragraph 2), then paragraph (3) provides subject specifications for fishing boat owners, fishing company owners, the person in charge fishing companies, and/or fishing boat operators, and paragraph (4) defines the owner of the fish farming company, the power of attorney for the owner of the fish farming company, and/or the person in charge of the fish farming company (Akbar, 2019).…”

Section: Corporations As Perpetrators Of Fisheries Crimesmentioning

confidence: 99%

The Concept of Corporate Criminal Liability in the Fisheries Sector After the Job Creation Law Application

Hudi,

Muhadar,

Yudianto

2023

J.D.Hk.

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Various kinds of criminal acts in the field of fisheries have emerged, consisting of individuals and or corporations. The existence of a corporation is an obstacle in determining criminal responsibility. The purpose of this research is to analyze the concept of corporate criminal liability in the fisheries sector. The research method used is normative juridical with statutory and conceptual approaches. The results of the study found differences in the concept of corporate criminal responsibility after the Application of the Job Creation Law where previously criminal acts of fishing could be carried out by corporations, and criminal responsibility was carried out by administrators. After the enactment of the Job Creation Law, the concept of corporate criminal responsibility for fisheries follows the development of the third stage of corporate criminal responsibility, in which the corporation commits a crime against the responsible corporation.

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Koherensi Pengaturan Illegal, Unreported, and Unregulated Fishing Di Indonesia

Cited by 4 publications

References 0 publications

Conserving 30% of the Ocean: Indonesia’s Commitment and Effort towards the Global Urge

Conserving 30% of the Ocean: Indonesia’s Commitment and Effort towards the Global Urge

Indonesian Foreign Policy in the Case of Illegal Fishing of Vietnamese Fishermen in the Natuna Islands on the Border of Indonesia and Vietnam in 2014-2021

The Concept of Corporate Criminal Liability in the Fisheries Sector After the Job Creation Law Application

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