Principles of Setting Authority of Illegal Fishing in Indonesian Water Areas

Supeno, Handoyo (2020) Principles of Setting Authority of Illegal Fishing in Indonesian Water Areas. Doctoral thesis, Universitas 17Agustus 1945 Surabaya.

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Abstract

Indonesia is a country that has a sea area reaching 2/3 of the land area, with an area of ​​6,166,163 km², and a strategic position in cross the world. Such a position is very beneficial for Indonesia in all aspects, especially the economy which is the world's shipping lane, especially in the Asian region. This position is supported by abundant natural resources, especially in the field of fisheries, which has become a magnet for fishing vessels from other countries to illegally catch fish in Indonesian marine waters. As a state, of course, has the authority to be in the jurisdiction, including law enforcement in sea waters. Constitutionally, law enforcement at sea is the responsibility of the state police of the Republic of Indonesia, in this case the Sat Polair based on Law No. 2 of 2002 concerning the Indonesian National Police. In addition, the Government has also established a new law enforcement agency, namely the Maritime Security Agency (Bakamla) based on Law Number 32 of 2014 concerning the Ocean. the existence of two law enforcement agencies at sea in a conflict of authority, because each party poses its duties, functions, and authorities in law enforcement. In fact, it is not uncommon for the ego sector to enforce this law, so that law enforcement and enforcement are not achieved in accordance with the government's expectations. Therefore, it is necessary to rearrange the institutions and authorities possessed in law enforcement, so that overlapping obstacles can be avoided. Keywords: law enforcement, marine area, overlapping authority, legal certainty

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