Crime of Illegal Fishing in Indonesian Exclusive Economic Zone in the Perspective of Economic Crime

Aldisa Melissa, Sukanda Husin, Aria Zurnetti

Abstract


The losses arising from illegal fishing in Indonesian EEZ are IDR 101,040,000,000. Economic losses related to fisheries resources are a form of violation in the economic field so that it can be included in terms of crime in the economic field. The problems raised in this study include what are the legal consequences of the crime of illegal fishing in Indonesia’s exclusive economic zone and how it is viewed from an economic crime perspective. This study applies a normative juridical method by reviewing the relevant legal materials of legislation and theories to the results of the research as the following: 1) fishing in the area of the Exclusive Economic Zone, based on jurisdictional theory, can be regulated by the Indonesian state as a sovereign coastal country where the regulation is strictly in accordance with Article 5 of the Indonesian Exclusive Economic Zone Law; moreover, if the obligation to have a Fishing Approval Letter (SIPI) and a Fish-Carrier Ship Approval Letter (SIKPI) is violated, violators will be subject to punishment in accordance with Articles 93, 94 and 94A of Law No. 45 of 2009, 2) losses incurred as a result of the crime of illegal fishing in the Exclusive Economic Zone can be detrimental to the country’s economy in the field of fisheries resources; so, according to the theory of economic approaches and broad economic crime definitions, the crime of illegal fishing in EEZ Indonesia is part of economic crime.


Keywords


Fishing; Exclusive Economic Zone; Economic Crime

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References


Books

Andi Hamzah, 2017, Economic Crime, Erlangga, Jakarta.

Aziz Syamsudin, 2017, Special Crime, Sinar Grafika, Jakarta.

B. Mardjono, Reksodiputro, 1989, Positive Law Regarding Economic Crime in Banking, Ghalia Indonesia: Jakarta, page 4.

Magdariza, Ferdi, 2012, Introduction to the Law of the Sea, Andalas University Press, Padang.

Muladi, 1994, Indonesia’s Concept of Crime in the Economy: Understanding Crime in the Economy, Faculty of Law, Parahyangan Catholic University: Bandung, page 7.

Peter Mahmud Marzuki, 2005, Legal Research, Prenada Media Group, Jakarta.

Romli Atmasasmita, 2010, Globalization of Business Crime, Kencana, Jakarta.

Takdir Rahmadi, 2011, Environmental Law in Indonesia, Rajawali Press, Jakarta.

Vervloet and M. Yusuf, 1959, Economic Violations in Indonesia, Van Hoeve, page 11.

Journal

M. Amin Hanafi, Enforcement of Illegal Fishing Crime Law in the Indonesian Exclusive Economic Zone, e-journal, Muhammadiyah University of North Maluku.

Law/ Legislation

Emergency Law No. 7 of 1955 concerning Investigation, Prosecution and the Judiciary of the Economic Crime.

Law No. 5 of 1983 concerning the Exclusive Economic Zone.

Law No. 31 of 2004 concerning Fisheries as Amended by Law No. 45 of 2009 concerning Fisheries

Minister of Marine Regulation No. 37/PERMEN-KP/2017 concerning Operational Standards for Law Enforcement Procedures for the Eradication of Illegal Fishing Law Units

Website

https://nasional.kompas.com/read/2017/09/23/05245851/indonesia-kembali tangkap-dua-kapal-ikan-asing-ilegal-di-laut-natuna (last visited on October 16 2018 at 1:03 p.m.)

Nurfaika Ishak, 2014, Impact of IUU-Fishing Activities in Indonesia, Surveillance and Fishing in Exclusive Economic Zone, Thesis for Faculty of Law, Hasanuddin University, http://repository.unhas.ac.id, accessed on November 22, 2018




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.884

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