PENEGAKAN HUKUM OLEH INDONESIA TERHADAP PELAKU ILLEGAL FISHING DI WILAYAH LAUT YANG MASIH DISENGKETAKAN

Adventura, Battista Pridana (2020) PENEGAKAN HUKUM OLEH INDONESIA TERHADAP PELAKU ILLEGAL FISHING DI WILAYAH LAUT YANG MASIH DISENGKETAKAN. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

The problem discussed in this thesis was law enforcement by Indonesia in the disputed sea areas with other countries, such as the Malacca Strait, the Natuna Sea North and the Ambalat Block. Problems with the territorial boundaries lead to overlapping authority to enforce the law in the region if violations occured in that region. This happened because each country felt they had the right to enforce the law in the region. This thesis used a normative research method in which the source of datas were colected through literature study and through interviews with sources. the analysis used was the analysis in deductive method. From the analysis results, it can be concluded that between Indonesia and Malaysia have made a MoU Common Guidelines, namely temporary arrangements in the Malacca Strait during the boundary agreement between Indonesia and Malaysia in the Malacca Strait was still in the negotiation stage. While between Indonesia and Vietnam, it was still in the process of initial discussions to make temporary arrangements in the North Natuna Sea. Temporary arrangements were matters stipulated in UNCLOS 1982, even temporary arrangements were an obligation for a state party if the state party does not yet have a maritime boundary agreement with another country. As a result of unclear boundaries between Indonesia and neighboring countries, causing illegal fishing activities to occur in Indonesia. Illegal fishing is a transnational crime because it crosses borders with other countries.

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