PENEGAKAN HUKUM TINDAK PIDANA ILEGAL FISHING DIPERAIRAN INDONESIA (STUDY KASUS PENANGKAPAN IKAN MALAYSIA PSF 2500 DI SELAT MALAKA)

Abstract

ABSTRACT A sovereign state over the sea, but illegal fishing still often occurs, law enforcement against illegal fishing in Indonesian waters, especially in the Malacca Strait, is an important issue in maintaining maritime sovereignty and national fishery resources. This study examines the case of the arrest of Malaysian fishing vessel PSF 2500 which was conducting illegal fishing in Riau waters. Problem Formulation: 1) How does UNCLOS 1982 regulate fishing in areas that are straits used for international services? 2) How is the law enforcement against illegal fishing crimes that occur in the waters of the Malacca Strait? This study uses a normative juridical method with a literature approach to analyze national and international regulations, including UNCLOS 1982 and Indonesian fisheries law. Conclusion of Research Results Based on Research Results Research Regarding 1) Fishing in the Malacca Strait area is regulated in Article 73 of UNCLOS 1982 which states that if foreign vessels do not comply with the laws and regulations of the coastal state regarding the conservation of fishery resources, the coastal state can arrest the vessel. .2) Law enforcement against foreign fishermen who commit illegal fishing crimes in the waters of the Malacca Strait is regulated in Law Number 45 of 2009 concerning amendments to Law Number 31 of 2004 concerning Fisheries.