Prakasa, Satria Unggul Wicaksana
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ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA Prakasa, Satria Unggul Wicaksana; Purwo, Al-Qodar
Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.288 KB) | DOI: 10.22219/jihl.v27i1.8960

Abstract

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.
Juridical Review of Illegal Fishing in Indonesia as Transnational Crime Supriyono, Supriyono; Prakasa, Satria Unggul Wicaksana
Law Research Review Quarterly Vol 7 No 2 (2021): L. Research Rev. Q. (May 2021) "Dimensions of Legal Certainty in Transnational an
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v7i2.45056

Abstract

Indonesia is an archipelagic state which has a sea area wider than its land area. Where the sea area stores abundant fish resources. This triggers the desire of foreign countries to take part in an illegal way, namely illegal fishing. The theft of fish in Indonesian seas by ships with foreign flags has violated the sovereignty and is detrimental to Indonesia economically, socially, and ecologically. The Ministry of Maritime Affairs and Fisheries noted that illegal fishing has resulted in state losses of up to the US $ 24-30 billion per year. Illegal fishing is a fishery crime and is a form of transnational crime because its elements involve more than one country, namely planning, preparation, and the consequences of this crime, involving more than one country. So that the practice of illegal fishing must be prevented and eradicated as soon as possible because the natural wealth in the sea must be protected for the maximum benefit of the people. Illegal fishing regulations are contained in national law and international conventions