Proceedings of the International Conference on Maritime and Archipelago (ICoMA 2018)

Actionagainst And Punishment For Illegal Fishing Inflictingfinancial Losses To The State

Authors
Ahmad Sofian
Corresponding Author
Ahmad Sofian
Available Online October 2019.
DOI
10.2991/icoma-18.2019.52How to use a DOI?
Keywords
Illegal Fishing, Suppress and Punish, Marine
Abstract

Illegal fishing has been rampant in the Indonesian Exclusive Economic Zone (EEZ) since these last five years. This has resulted in the detriment to the finances of the State and breach of the sovereignty of the State. Per the Ministry of Marine Affairs and Fisheries Republic Indonesia suffers financial losses of USD 20 billion or IDR 240 trillion annually from illegal fishing. Therefore, the Indonesian Government has established a Task Force for Illegal Unreported and Unregulated (IUU) Fishing. One of its tasks is to sink foreign ships stealing fishes in the Indonesian waters without any judicial process. However, the action is considered to breach the international maritime law. especially Paragraph (4) of Article 73 of UNCLOS 1982. The research aims to explore whether the action is effective to fight illegal fishing and return the detriment to the finances of the State. A normative research method was applied in the research and interviews with economic law experts in marine and fishery sectors were conducted. The research recommends the need to harmonize laws and regulations related to illegal fishing to the United Nations Convention on the Law of the Sea. Illegal fishermen should be liable for criminal liability to pay compensation to immediately return the detriment to the finances of the State.

Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

Volume Title
Proceedings of the International Conference on Maritime and Archipelago (ICoMA 2018)
Series
Advances in Engineering Research
Publication Date
October 2019
ISBN
978-94-6252-785-0
ISSN
2352-5401
DOI
10.2991/icoma-18.2019.52How to use a DOI?
Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Ahmad Sofian
PY  - 2019/10
DA  - 2019/10
TI  - Actionagainst And Punishment For Illegal Fishing Inflictingfinancial Losses To The State
BT  - Proceedings of the International Conference on Maritime and Archipelago (ICoMA 2018)
PB  - Atlantis Press
SP  - 243
EP  - 248
SN  - 2352-5401
UR  - https://doi.org/10.2991/icoma-18.2019.52
DO  - 10.2991/icoma-18.2019.52
ID  - Sofian2019/10
ER  -