Crime Illegal

Fishing
By: Widia Edorita, SH., MH
Definition
Definition of Illegal Fishing refer to the
understanding issued by the International
Plan of Action (IPOA) - Illegal, Unreported,
Unregulated (IUU) Fishing initiated by FAO in
the context of the implementation of the
Code of Conduct for Responsible Fisheries
(CCRF). Definition of Illegal Fishing described
asfollowing. illegalFishing, are:
 Fishing activities carried out by a
particular country or foreign vessels in
waters that are not a jurisdiction without
the permission of the state which has
jurisdiction or that the fishing activities
contrary to the laws and regulations of
the country that.
 Fishing activities carried out by fishing vessels
flagged one of the countries that joined as a
member of the regional fisheries
management organizations, Regional
Fisheries Management Organization (RFMO)
but the operation of ships at odds with the
actions konservasidan fisheries management
that has been adopted by the RFMO. RFMO
countries are obliged to follow the rules
specified that or other relevant rules of
international law,
 Fishing activities contrary to the law of a
country or international regulations,
including the rules stipulated member
countries RFMO (regional fisheries
management organization).
Illegal Fishing in Indonesia
Illegal Fishing activity is most common in Indonesia fisheries
management areas is illegal fishing by foreign fishing vessels
(KIA), which comes from neighboring countries (neighboring
countries). Although it is difficult to map and estimate the level
of illegal fishing going on in the WPP-RI, but from the results of
monitoring conducted over the years, (2005-2010) concluded
that illegal fishing by KIA mostly in the EEZ (exlusive Economic
Zone) and also quite many occur in waters of the archipelago
(archipelagic state). In general, the type of fishing gear used
by MCH or ex-foreign ships illegally in Indonesian waters are
productive tools such as purse seine fishing and illegal fishing
trawl.Kegiatan also carried out by Indonesian fishing vessels
(KII).
mode / kind of illegal activities
are often carried out KII:
 fishing without a license (Fishery Business License
(License) and a fishing permit (SIPI) and Permit Fish Boat
Transportation (SIKPI)),
 have permission but violating the provisions set out
(violations of the fishing area, fishing gear violation,
violation of obedience are based)
 forgery / manipulation of the document (document
procurement, registration, and licensing of vessels),
 transshipment at sea,
 not activate the transmitter (specifically for vessels that
are required to install the transmitter),
 and destructive fishing (destructive fishing) by using
chemical, biological, explosives, equipment and / or
means, and / or buildings that endanger preserve fish
resources.
The factors that cause illegal
fishing in Indonesian waters
1. Needs fish world (demand) increased, On
the other hand the world fish supply
declining, there overdemand mainly of
marine fish species such as tuna. This pushed
the world fishing fleet to hunt fish anywhere
by way of legal orillegal.
2. Disparity (Difference) in fish prices Fresh
intact (whole fish) in other countries than in
Indonesia is still high enough to make surplus
income.
3. Fishing ground in other countries have started to run out,
While in Indonesia is still promising, but they must maintain
their supply of fish for consumption and processing should
maintain production in the country remains last.
4. sea Indonesia is very spacious and open, On the other
hand, especially fleet monitoring capabilities of national
surveillance (surveillance vessels) is still very limited
compared to the need to mengawasai prone areas. The
extent of sea area into the jurisdiction of Indonesia and the
reality is still very opening of the Indonesian EEZ bordering
the high seas (High Seas) has become a magnet entry of
foreign fishing vessels and locally for illegal fishing.
5. System fisheries management in the form of the current
licensing system is open (open access), Only limited
restrictions on fishing gear (input restriction). It is less suitable
if faced with the challenges the factual geography of
Indonesia, especially the Indonesian EEZ bordering the
seafree.
6. Still limited facilities and infrastructure monitoring and
supervision of human resources, especially in terms of
quantity, As an illustration, until the year 2008, there were
578 new investigators Fisheries (Fisheries PPNS) and 340
crew (Ship's Men) Ships Supervisory Fisheries. The amount is,
of course, very not comparable with a wide range of
marine areas to be monitored. It is, further compounded by
the limited facilities and infrastructure surveillance.
7. Perception and step cooperation of law
enforcement officers still in the handling of
fishery criminal case is still not solid,
Especially in terms of understanding the
legal action, and commitment surveillance
vessels operating in the EEZ.
Impact of illegal fishing
Illegal Fishing Activity in WPP-RI has resulted in huge
losses for Indonesia.
1. Overfising,
2. overcapacity,
3. threat the preservation of fish resources,
4. climate fishing business which are not conducive,
5. weakening competitiveness of companies and
termarjinalkannya fishing is the real impact of IUU
fishing.
6. damage the image of Indonesia in the
International arena because they are not able to
manage fisheries properly.
 Economic Losses Due to
Illegal Fishing
Trawl Trawl
Shrimp Large Pelagic Rawai
details Fish Fish
trawl trawl Ring tuna
L. Arafura Slt. Malacca

Vessel size (GT) 202 240 138 134 178

Power Engine (HP) 540 960 279 336 750

Production (Tons / MPA / yr) 847 864 152 269 107

Loss levies Fisheries (USD 193 232 170 267 78

million / MPA / Yr)

Loss of fuel subsidies (Rp.Juta 112 221 64 77 173

/ MPA / Yr)
Fish Production Loss (Rp. 3559 1,733 3,160 1,101 801
Million / MPA / Yr)
Total Losses (Rp.Juta / MPA / 3,864 2,187 3,395 1,446 1,052
Yr)
state economic losses due to illegal fishing
by fishing vessels each year around Rp.
1.052 billion / ship. So simply state losses due
to illegal fishing can be predicted by
multiplying the number of fishing vessels that
carry out illegal fishing by the amount of the
loss.