Massie, Cornelis Djelfie and Turangan, Doortje D. and Sheriman, Ivonne
(2024)
The Quandary of Resolving Illegal, Unreported, and Unregulated (IUU) Fishing Cases: Navigating the Crossroads of Judicial Processes and Maritime Diplomacy.
Pakistan Society of Criminology.
Abstract
The pursuit, arrest, and prosecution of vessels with foreign crew members involved in Illegal, Unreported, and Unregulated Fishing (IUU Fishing) can disrupt relations between countries. The IUU Fishing perpetrators prosecuted in court originate from several countries that border Indonesia, such as Thailand, Vietnam, the Philippines, and Malaysia. For example, 33 illegal foreign vessels have been successfully secured and detained as evidence, consisting of 15 Vietnamese-flagged vessels, 9 Philippine-flagged vessels, 8 Malaysian-flagged vessels, and 1 Taiwanese-flagged vessel. The above pursuit and arrests were processed judicially. This study aims to find a law enforcement action concept for the prosecution process against IUU Fishing perpetrators that does not disregard the principle of good relations between countries. Research with a normative juridical approach concludes that as a sovereign state, the legal settlement for foreign perpetrators uses the fishery prosecution process. This judicial process
maintains the coastal state’s rights without neglecting maritime diplomacy to maintain the principle of good relations between countries. Diplomacy is needed to build cooperation and ensure maritime areas in the country’s border region are safe from IUU Fishing activities.
Keywords: IUU Fishing, judicial processes, maritime diplomacy.
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