The Opportunities to Obtain Traditional Fisheries Rights for Aceh Traditional Fishermen

Abstract

This paper aims to give the reasons why Acehnese traditional fishermen crossed the territorial borders of the country so that they were arrested in neighboring countries, as well as the opportunities for Acehnese traditional fishermen who sail in the west part of Indonesian water areas to get their traditional fisheries rights. This study applies the socio-legal method. Data were collected by conducting in-depth interviews with traditional fishermen who have been arrested in several neighboring countries, and the authorized officials (in the maritime and fisheries sector), as well as the academicians in the law of the sea, to get an analysis regarding the opportunities for traditional fisheries rights. To complement the main data, this study also conducted document tracing of cases where Aceh traditional fishermen have crossed the borders and being caught in other countries. All data were analyzed qualitatively. This research found that in the last ten years, more than 400 cases of Acehnese traditional fishermen were caught for crossing the territorial borders of other countries. In 2020, 135 fishermen are still abroad, 69 in India, 57 in Thailand and 9 in Myanmar. Especially in Thailand, as many as 51 fishermen received the king's pardon and were able to return to Indonesia. From these numbers, not all are included in the category of traditional fishermen, and some of them are deliberately involved in fishing that violates the provisions of other countries. Especially for traditional fishermen, there is a history of fishing that was conducted in locations that are no longer part of Indonesia's territorial waters. Since 2005 Panglima Laot Aceh (the commander of the sea) has asked the Government to fight for traditional fishing rights for Acehnese fishermen in the west part of Indonesia water areas, by having an agreement with the Indian state, the above idea related to the statement in Article 51 of the United Nation Convention Law on the Sea (UNCLOS) 1982. Traditional fisheries rights can be obtained by conducting bilateral talks, preceded by a request from one country, then conducting talks and agreements, the agreement of which cannot be transferred to other countries or other citizens. However, this option has not been made. Another thing that becomes a challenge is Indian water areas, which are directly adjacent to the west part of Indonesian water areas, used by India as marine protected areas.