PENCEGAHAN TINDAKAN IUU FISHING MENURUT UNCLOS 1982 DAN IMPLEMENTASINYA DI INDONESIA (Studi Kasus: Tertangkapnya Kapal Kway Fey 10078 Di Laut Natuna)

Abstract

ABSTRACT Based on Article 73 Paragraph (1) UNCLOS 1982, it is explained that if a foreign ship does not comply with the fisheries laws and regulations of the EEZ coastal state, then the coastal state can board, inspect, respond and carry out judicial proceedings against the foreign ship, as necessary to ensure compliance with the regulations. legislation established in accordance with the provisions of UNLOS 1982. The case study taken is the arrest of the Kway Fei 10078 ship by Indonesia in the waters of the Natuna Sea, which shows the application of UNCLOS principles in fisheries law enforcement. Problem formulation: 1) How can IUU fishing be prevented in the sea areas of coastal countries? 2) How to enforce IUU Fishing in Indonesia? The research method used is a normative jurisdiction research method. The data sources used are secondary and primary data sources. The results of the analysis show that: 1) The process of legal prevention against the captain and crew of the Kway Fey 10078 ship who carried out illegal fishing in the Indonesian EEZ region was carried out in accordance with national law in Indonesia as a coastal country. Law enforcement is carried out in accordance with Indonesian national law which has been adapted to international law. 2) In Article 58 Paragraph 3 of UNCLOS 1982, it is explained that all countries are obliged to carry out their obligations in the EEZ area and comply with the laws and rules that have been set by coastal states. However, the actions taken by the Kway Fey 10078 and the Chinese coast guard ship are the opposite.