Law Enforcement of Illegal Fishing Crimes in the Indonesian Sea Region

Abstract

Indonesia is a strategic position with the sea area 2/3 from the mainland, with an area of 6,166,163 km². This position is very strategic and profitable in Indonesia in all aspects, especially the economic field. The Indonesian sea region is a line of trade shipping in the Asia region. The Indonesian sea also has abundant marine wealth, which becomes another country's magnet for illegal fishing. In addition, it also becomes the place of various other criminal acts, such as trafficking, illegal drugs trafficking, weapons smuggling, and so forth. As a sovereign country, Indonesia has the authority to enforce its maritime sovereignty, including the law enforcement in the sea area. According to Act No. 2 of 2002 of Police of Republic of Indonesia, the law enforcement in the sea is constitutionally the responsibility of the national Police of the Republic of Indonesia, in this case Water Police Unit(Sat Polair). In addition, it is also the duty of Marine Security Agency (BAKAMLA) under Act No. 32 year 2014 about Marine. The existence of these two law enforcement agencies in the sea in its implementation poses a conflict of authority, because each has the same duties, functions, and authority in the law enforcement at sea. The conflict of authority occurs as a result of each of these institutions interpreting their own duties, functions and authorities, so that the objectives and objectives of law enforcement are not achieved in accordance with the expectations of the government. Therefore, there should be a rearrangement of the institutions that are owned by each institution, to avoid overlappings of authority.

Keyword: law enforcement, illegal fishing, sea area, overlapping authority

DOI: 10.7176/JLPG/86-12

Publication date:June 30^th 2019