The Problem of Illegal Fishing in the Indonesian Zee Region

Oct 13, 2025 by wbrum.org 85 views

Juridical Review of Illegal Fishing (Illegal Fishing) in the Indonesian Zee Region Conducted by Foreign Citizens Based on the Perspective of International Law

Introduction

The Indonesian Exclusive Economic Zone (ZEEI) is a vital component of the country's marine resources, providing a significant source of income for the nation through fishing and other related activities. However, the increasing incidence of illegal fishing in the ZEEI poses a significant threat to the sustainability of these resources. This article provides a juridical review of the issue of illegal fishing in the Indonesian Zee region conducted by foreign citizens, with a focus on the perspective of international law.

The Problem of Illegal Fishing in the Indonesian Zee Region

Scenario:

Law Number 31 of 2004 concerning Fisheries prohibits the granting of imprisonment for fisheries in the Indonesian Exclusive Economic Zone (ZEEI). This is in line with the United Nations Convention on the 1982 Sea Law (UNCLOS). However, sanctions for the fines applied seem ineffective, given that many fishing perpetrators are unable to pay for it. This raises the question: Is the sanction of fines enough to enforce the country's sovereignty in ZEEI?

The problem of illegal fishing in the Indonesian Zee region is a complex one, with multiple factors contributing to its persistence. On the one hand, the lack of effective sanctions for fines imposed on perpetrators has created a culture of impunity, where individuals and companies feel that they can engage in illegal fishing activities without fear of consequences. On the other hand, the economic benefits of fishing in the ZEEI are significant, and many coastal communities rely on this activity as a source of income.

Analysis of the Problem

Zeei is a sea area that is outside the territorial sea and is subject to a special legal regime, as regulated in Article 55 of UNCLOS 1982. The coastal state has the right to sovereign to manage natural resources in ZEE, including fishing. Article 73 Paragraph (1) of UNCLOS 1982 allows coastal countries to take action such as boarding ships, examine, hold, and demand illegal fishing perpetrators, including foreign nationals, in Zee.

However, in the context of law enforcement in ZEEI, there is a dilemma related to sanctions for fines applied. Fine sanctions, especially for the perpetrators of the theft of middle to lower class fish, can be a burden that is difficult to fulfill. In fact, they may not be able to pay the fines imposed, so that the sanctions are not a strong deterrent effect. This resulted in violations of fisheries law in ZEEI continue to occur and threaten the sustainability of Indonesia's marine resources.

Solution to the Problem

To overcome this problem, several solutions need to be considered:

Increased Sanctions: Review the rules regarding sanctions, taking into account factors such as the type and scale of violations, as well as the ability of the perpetrators to pay. Determination of more severe sanctions, such as prison sentences for violators who are proven to have committed massive fish theft, can be a solution.

International Cooperation: Strengthening cooperation with the country of origin of illegal fishing vessels. This includes the exchange of information, joint law enforcement, and increased supervision in international waters.

Strengthening Supervision Capacity: Increasing the number and ability of the patrol fleet, as well as technological monitoring in EEZI. This is important to detect and capture fish theft effectively.

Maritime Economic Development: Provides an alternative economic opportunity for coastal communities, thereby reducing dependence on non-sustainable fishing activities.

Conclusion

Determination of fine sanctions is not enough to protect the country's sovereignty in ZEEI. Revised and more comprehensive revisions and reforms are needed, taking into account aspects of law enforcement, international cooperation, and maritime economic development. This is important to ensure the sustainability of Indonesia's marine resources and minimize illegal fish theft in ZEEI.

Recommendations

Based on the analysis and solution presented in this article, the following recommendations are made:

The government of Indonesia should review and revise the rules regarding sanctions for fines imposed on perpetrators of illegal fishing in the ZEEI.
The government should strengthen cooperation with the country of origin of illegal fishing vessels, including the exchange of information, joint law enforcement, and increased supervision in international waters.
The government should increase the number and ability of the patrol fleet, as well as technological monitoring in EEZI, to detect and capture fish theft effectively.
The government should provide alternative economic opportunities for coastal communities, thereby reducing dependence on non-sustainable fishing activities.

References

United Nations Convention on the Law of the Sea (UNCLOS) 1982.
Law Number 31 of 2004 concerning Fisheries.
Article 55 of UNCLOS 1982.
Article 73 Paragraph (1) of UNCLOS 1982.

Future Research Directions

This article has provided a juridical review of the issue of illegal fishing in the Indonesian Zee region conducted by foreign citizens, with a focus on the perspective of international law. However, there are several areas that require further research, including:

The impact of illegal fishing on the sustainability of Indonesia's marine resources.
The effectiveness of current sanctions for fines imposed on perpetrators of illegal fishing in the ZEEI.
The role of international cooperation in preventing and combating illegal fishing in the ZEEI.
The potential of maritime economic development in reducing dependence on non-sustainable fishing activities.

By addressing these research gaps, policymakers and researchers can develop more effective strategies to prevent and combat illegal fishing in the Indonesian Zee region, thereby ensuring the sustainability of the country's marine resources.
Frequently Asked Questions (FAQs) on Illegal Fishing in the Indonesian Zee Region

Introduction

The issue of illegal fishing in the Indonesian Zee region is a complex and multifaceted problem that requires a comprehensive understanding of the underlying causes and consequences. This article provides a Q&A section to address some of the most frequently asked questions related to this issue.

Q1: What is the Indonesian Exclusive Economic Zone (ZEEI)?

A1: The Indonesian ZEEI is a sea area that is outside the territorial sea and is subject to a special legal regime, as regulated in Article 55 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The coastal state has the right to sovereign to manage natural resources in ZEE, including fishing.

Q2: What is the problem with illegal fishing in the Indonesian Zee region?

A2: The problem of illegal fishing in the Indonesian Zee region is a complex one, with multiple factors contributing to its persistence. On the one hand, the lack of effective sanctions for fines imposed on perpetrators has created a culture of impunity, where individuals and companies feel that they can engage in illegal fishing activities without fear of consequences. On the other hand, the economic benefits of fishing in the ZEEI are significant, and many coastal communities rely on this activity as a source of income.

Q3: What are the consequences of illegal fishing in the Indonesian Zee region?

A3: The consequences of illegal fishing in the Indonesian Zee region are severe and far-reaching. These include:

Overfishing and depletion of fish stocks
Damage to marine ecosystems and habitats
Loss of income and livelihoods for coastal communities
Threats to food security and nutrition
Negative impacts on the economy and trade

Q4: What are the causes of illegal fishing in the Indonesian Zee region?

A4: The causes of illegal fishing in the Indonesian Zee region are complex and multifaceted. These include:

Lack of effective enforcement and monitoring of fishing activities
Inadequate sanctions and penalties for perpetrators
Economic benefits of fishing in the ZEEI
Cultural and social factors, such as the importance of fishing in coastal communities
Globalization and trade, which can create opportunities for illegal fishing

Q5: What can be done to prevent and combat illegal fishing in the Indonesian Zee region?

A5: To prevent and combat illegal fishing in the Indonesian Zee region, several measures can be taken, including:

Strengthening enforcement and monitoring of fishing activities
Increasing sanctions and penalties for perpetrators
Promoting sustainable fishing practices and management
Supporting coastal communities and providing alternative economic opportunities
Enhancing international cooperation and coordination

Q6: What is the role of international cooperation in preventing and combating illegal fishing in the Indonesian Zee region?

A6: International cooperation plays a critical role in preventing and combating illegal fishing in the Indonesian Zee region. This includes:

Exchanging information and intelligence on illegal fishing activities
Conducting joint law enforcement and monitoring operations
Providing technical assistance and capacity building for coastal states
Promoting sustainable fishing practices and management
Supporting coastal communities and providing alternative economic opportunities

Q7: What is the potential of maritime economic development in reducing dependence on non-sustainable fishing activities?

A7: Maritime economic development has the potential to reduce dependence on non-sustainable fishing activities in several ways, including:

Providing alternative economic opportunities for coastal communities
Promoting sustainable fishing practices and management
Supporting the development of marine-based industries, such as tourism and aquaculture
Enhancing the economic benefits of fishing in the ZEEI
Reducing the economic incentives for illegal fishing activities

Q8: What are the next steps in addressing the issue of illegal fishing in the Indonesian Zee region?

A8: The next steps in addressing the issue of illegal fishing in the Indonesian Zee region include:

Strengthening enforcement and monitoring of fishing activities
Increasing sanctions and penalties for perpetrators
Promoting sustainable fishing practices and management
Supporting coastal communities and providing alternative economic opportunities
Enhancing international cooperation and coordination

By addressing these questions and concerns, policymakers and researchers can develop more effective strategies to prevent and combat illegal fishing in the Indonesian Zee region, thereby ensuring the sustainability of the country's marine resources.