69 
 

T H E  A N A L Y S I S  O F  F O R E I G N - V E S S E L  S I N K I N G  A S  A N  E F F O R T  B Y  

T H E  G O V E R N M E N T  O F  I N D O N E S I A  T O  C O M B A T  I U U  F I S H I N G  

P U R S U A N T  T O  I N T E R N A T I O N A L  L A W  

 

Kristiyanto 

Under Graduate Student, International Program  

Faculty of Law, University of Brawijaya 

kristiyanto1994@gmail.com 

 

 

 

ABSTRACT 

 

As an archipelagic state, Indonesia possesses some of the most abundant fishery resources in the 

world. Geographically, Indonesia’s strategic location makes it a challenge, and it is a shared 

responsibility for all citizens to preserve and conserve these resources. The strategic location and 

rich biological as well as non-biological marine resources automatically attract foreign vessels to 

carry out IUU fishing activities, particularly in the area of ZEEI (Indonesian Exclusive Economic 

Zone). The Government of Indonesia has taken various preventive measures to combat IUU 

fishing practices through bilateral cooperations and various laws. In addition, the Government 

has also taken some repressive efforts by burning and sinking foreign vessels. In this study, the 

researcher will analyze the governmental action pursuant to international law and examine the 

extent to which the sinking of the ship is effective from the perspective of international law. This 

study will be conducted using normative and juridical approach by reviewing and analyzing 

various national and international legal instruments related to IUU fishing. We hope that this 

study will be able to deliver theoretical and practical benefits for students and other researchers 

who are interested in the issue of IUU fishing practices. 

 

Keywords : IUU fishing, marine resources, archipelagic state. 

 

 

 

 

I. INTRODUCTION 

Indonesia is the World’s largest 

archipelagic state, consisting of 13,667 

islands. The coastline of Indonesia reaches 

95,181 km, with the total of sea area as 

wide as 5.8 million square-kilometers. So, 

the vast collective territorial sea of 

Indonesia is responsible for 80% of the 

total area, therefore Indonesia is often 

referred as an archipelagic state
1
. In the 

sea area, Indonesia has a wide variety of 

                                                           
1
 The island-nation or Archipelagic State is a country 

that throughout its territory consists of one or more 

islands, including other islands close its relations 

with each other, including the waters of these and 

other natural form, has the sovereign waters are 

waters archipelago located in the side of the line-

straight archipelagic baselines. Mochtar 

Kusumaatmadja, Introduction to International 

Law, Alumni, Bandung, 2003, p. 179. 

mailto:kristiyanto1994@gmail.com


70 
 

ecosystems such as 8,500 species of fish, 

555 species of seaweeds and 950 species 

of coral reefs, which make Indonesia as 

the largest mega-biodiversity in the 

world
2
. Such potential in the field of 

fishery is an economic capital
3
 that can be 

utilized as much as possible for the future 

of the nation as the backbone of national 

development. This is in accordance with 

the provisions of article 33, paragraph 3 of 

the Constitution of the Republic of 

Indonesia in 1945 which mandates that 

earth, water and all natural resources 

contained therein are managed by the 

state and utilized as much as possible for 

the people's welfare. However, the 

abundance of biological wealth has not 

been able to make a significant 

contribution to the welfare of the people. 

It is evident from the number of fishermen 

who still live below the poverty line. This 

is due to the limited management and 

utilization of fish by fishermen, making 

the situation difficult to overcome poverty. 

This condition is exacerbated by the 

                                                           
2
 Anonymous. INDONESIA HAS THE LARGEST 

MARINE BIODIVERSITY IN THE WORLD. 2009. 

(Online:http://kkp.go.id/index.php/arsip/c/9822/KEA

NEKARAGAMAN-HAYATI-LAUT-INDONESIA-

TERBESAR-DI-DUNIA/?category_id). Accessed 

on 15 Mei 2014, at 15.12 WIB. 
3
 Lecturer team, Citizenship Education, Field 

Studies Unit, University of Padjadjaran, Bandung, 

2007, p. 135 

increasingly widespread practice of illegal 

fishing by fishermen from other countries, 

or better known as poaching by foreign 

vessels. These fish thieves may come from 

foreign countries, to be precise, those with 

the ability tp utilize the technology and 

fisheries management so well. Thus in 

practice, the state greatly is harmed by 

those activities. At least there are several 

reasons that underlie the practice of illegal 

fishing by foreign fishermen
4
: 

1. Fish is a fundamental commodity 

for all the people and the cost is 

going to be cheaper if it is 

acquired by the method of 

stealing; 

2. Opportunities and possibilities of 

fishery resources to be looted are 

quite large. In the woods, it is 

relatively easier to monitor and 

detect the rampant of illegal 

logging practices; but the 

supervising process on the sea is 

difficult due to its size; 

3. No seriousness of the various 

parties to address illegal fishing 

practices. Normally, the countries 

that suffer greater losses due to 

illegal fishing practices are 

                                                           
4
 Dr. Ir. Victor PH Nikijuluw, Socio-economic 

dimensions of Illegal Fishing (Blue Water Crime), 

Jakarta, Cidesindo 2008 

http://kkp.go.id/index.php/arsip/c/9822/KEANEKARAGAMAN-HAYATI-LAUT-INDONESIA-TERBESAR-DI-DUNIA/?category_id
http://kkp.go.id/index.php/arsip/c/9822/KEANEKARAGAMAN-HAYATI-LAUT-INDONESIA-TERBESAR-DI-DUNIA/?category_id
http://kkp.go.id/index.php/arsip/c/9822/KEANEKARAGAMAN-HAYATI-LAUT-INDONESIA-TERBESAR-DI-DUNIA/?category_id


71 
 

developing countries, because 

they have less ability and 

capacity to oversee and maintain 

the resources they have.  

Due to illegal fishing practices, 

Indonesia is estimated to have suffered 

losses between $3 billion and $6 billion per 

year. If calculated since 1970–the year 

when Indonesia proclaimed to open up 

opportunities for foreign investors to 

exploit fishery resources in Indonesia–the 

amount accumulated for over 30 years 

equals more than US $209 billion, or 

around 2,500 trillion rupiah
5
 in present 

value (the data obtained in 2008). Illegal 

fishing carried out by foreign vessels is one 

of the Blue Water Crime
6
 known as the 

practice of IUU fishing (Illegal, 

Unreported, Unregulated fishing). Due to 

the impact of IUU fishing, it causes not 

only losses of the economic sector, but also 

the loss of environmental, biological and 

social sectors. 

As one of the ratifying states (state 

party) in the United Nations Convention on 

the Law of the Sea (UNCLOS) in 1982, the 

government of Indonesia made an effort to 

combat the practice of IUU fishing by 

                                                           
5
Zaqiu Rahman, Sinking Ships In an effort 

Eradication of Illegal Fishing, rechtsvinding 

Online 
6
. Ibid, Page 5 

issuing Law No. 45 of 2009 on the 

Amendment of Law No. 31 Year 2004 on 

fisheries, using UNCLOS 1982 as the basic 

material
7
. Associated with the sinking of the 

ship, it is specifically regulated in article 69 

paragraph (4), which states: In carrying out 

the functions referred to in paragraph (1) 

the investigator and/or fisheries supervisor 

can perform specific actions such as 

burning and/or sinking of foreign-flagged 

fishing vessels based on sufficient 

preliminary evidence
8
. The effort of sinking 

the ship is a form of ultimum remedium that 

can be taken by the government if other 

efforts failed.  

However, the provisions of article 

69 paragraph (4) is not in accordance with 

the provisions of article 76A of Law No. 45 

Year 2009 on the Amendment of Law No. 

31 Year 2004 on fisheries which require a 

court decision before the action can be 

executed. Discrepancy in this would greatly 

affect the implementation of the field that 

will ultimately have an impact on the 

effectiveness of the eradication of the 

practice of IUU fishing
9
. Inconsistency and 

discrepancy between national law and 

                                                           
7
 Ariatno, Indonesia Interest In Free Marine 

Fisheries Management, Indonesia Journal of 

International Law, 2005, 2 (3): 503-544 
8
 Provisions of article 69 paragraph (4) Law Number 

45 Year 2009 
9
 Testimony Associate Lakshman (Ret.) Freddy in 

ibid. page viii 



72 
 

international law related to criminal 

sanctions for illegal fishing by foreign 

vessels, in particular the sanctions related to 

the sinking of foreign fishing vessels, will 

complicate the task of the government to 

eradicate the practice of IUU fishing. 

 

 

II. METHODE OF RESEARCH 

This research uses juridical-

normative method, including reviewing 

and analyzing the rules of national law 

and international law on the eradication 

of the practice of IUU fishing. 

Specifications of this study is more 

descriptive-qualitative, which in this case 

takes the critical analysis of some general 

provisions in the national legal norms and 

international law related to the setting of 

IUU fishing in analyzing the object 

problems. The analysis approach in this 

research is Statute Approach and Case 

Approach. 

Based on the description of the 

background and the formulation of the 

problem above, the purpose of this study 

are to know the forms of law enforcement 

in the field of fisheries by the Government 

of the Republic of Indonesia concerning 

the practice of IUU Fishing and too 

determine the extent to which national law 

enforcement that have been based on 

various instruments of international law is 

effective in combating IUU fishing 

practices. 

 

III. RESULT AND DISCUSSION 

A. National Action Plan For 

Preventing And Combating 

IUU Fishing Implemented by 

Indonesian Government Based 

On International Instruments 

As the further effort on the various 

international instruments in the field of IUU 

fishing, the Indonesian government has 

made various efforts to follow up the 

international legal instrument as a national 

Action Plan for Preventing and Combating 

IUU Fishing Implemented by Indonesian 

Government Based on International 

Instruments
10

 

1. International Instruments  

a.  States should give full effect to 
relevant norms of international 

law, in particular as reflected in the 

1982 UN Convention, in order to 

prevent, deter and eliminate IUU 

fishing. 

b. States are encouraged, as a matter 
of priority, to ratify, accept or 

accede to, as appropriate, the 1982 

UN Convention, the 1995 UN Fish 

Stocks Agreement and the 1993 

                                                           
10

 Decree of the Minister of Marine and Fisheries of 

the Republic of Indonesia Number Kep.50 / MEN / 

2012 on National Action Plan on IUU Fishing 

Measures Period 2012-2016 



73 
 

FAO Compliance Agreement. 

Those States that have not ratified, 

accepted or acceded to these 

relevant international instruments 

should not act in a manner 

inconsistent with these 

instruments. 

c. States should implement fully and 
effectively all relevant 

international fisheries instruments 

which they have ratified, accepted 

or acceded to. 

d. Nothing in the IPOA affects, or 
should be interpreted as affecting, 

the rights and obligations of States 

under international law. Nothing in 

the IPOA affects, or should be 

interpreted as affecting, the rights 

and obligations contained in the 

1995 UN Fish Stocks Agreement 

and the 1993 FAO Compliance 

Agreement, for States parties to 

those instruments.  

e. States should fully and effectively 
implement the Code of Conduct 

and its associated International 

Plans of Action. 

f. States whose nationals fish on the 
high seas in fisheries not regulated 

by a relevant regional fisheries 

management organization should 

fully implement their obligations 

under Part VII of the 1982 UN 

Convention to take measures with 

respect to their nationals as may be 

necessary for the conservation of 

the living resources of the high 

seas. 

Indonesia adheres to the norms of 

international law relating to the 

management of fishery resources in an 

orderly and responsible way, including the 

prevention and control of IUU fishing, 

among others, by the legalization of these 

following laws:  

1) Law No. 5 of 1983 on the 

Indonesian Exclusive 

Economic Zone (ZEEI); 

2) Law No. 17 of 1985 on 

Ratification of the United 

Nations Convention on the Law 

of the Sea;  

3) Law No. 31 of 2004 on 

Fisheries, as amended by Law 

No. 45 of 2009; and  

4) Law No. 21 of 2009 on 

Ratification towards 

Agreement for the 

Implementation of the 

Provisions of the United 

Nations Convention on the Law 

of the Sea of 10 December 

1982 Relating to the 

Conservation and Management 

of Straddling Fish Stocks and 

Highly Migratory Fish Stocks  

As a consequence to follow-up the 

approval or ratification of the Convention 

and/or international treaties, Indonesia has 

adjusted the legislation on fisheries, 

including adopting the provisions of 

CCRF into various provisions of national 

law, and actively participated in Regional 



74 
 

Fisheries Management Organizations 

(RFMOs).  

 

Indonesia action Plans:  

1. Continue the process of ratification 

of the FAO Compliance 

Agreement in 1993; 

2. Continue the accession process to 

the WCPFC; 

3. Continue the process of ratification 

of the Port State Measures; 

4. Continue the integration process of 

RFMOs resolution into national 

legislation; 

5. Participate actively in RFMOs 

activities, including 

implementation of the resolution 

and capacity building; 

6. Renew authorized fishing vessel 

and record of fishing vessel; 

7. Complement legislations and 

guidelines for the implementation 

of international instruments. 

 

2. National Legislations 

a. National Regulations 

Recommendation of IPOA-IUU 

Fishing 

1. National legislations 

should address in an 

effective manner all aspects 

of IUU fishing. 

2. National legislations 

should address, inter alia, 

evidentiary standards and 

admissibility including, as 

appropriate, the use of 

electronic evidence and 

new technologies. 

Indonesia has revised Law 

No. 31 of 2004 on Fisheries, by 

Act No. 45 of 2009, in an effort to 

improve:  

1. Effectivity of management and 

conservation of fish resources; 

2. Implementation of sustainable 

fisheries development; and 

3. Accommodation of the 

strategic environment 

development, both regionally 

and globally. In addition, 

Indonesia has developed a 

number of public policies, 

including: 

 Government Regulation 

No. 24 of 2006 on 

Appointment and 

Dismissal Procedures for 

Ad Hoc Court Judge 

Fisheries; 



75 
 

 Presidential Decree No. 

15 of 2010 regarding the 

establishment of the 

Court Fishing in Tanjung 

Pinang District Court and 

Ranai District Court; 

 Decree of the Minister of 

Marine Affairs and 

Fisheries No. KEP.58 / 

MEN / 2001 on 

Procedures for the 

Implementation of Public 

Monitoring System in 

Management of Marine 

Resources and Fisheries; 

 Regulation of the 

Minister of Marine 

Affairs and Fisheries No. 

PER.13 / MEN / 2005 on 

the Crime Management 

Coordination Forum 

Fisheries, as last amended 

by PER.18 / MEN / 2011; 

 Regulation of the 

Minister of Marine 

Affairs and Fisheries No. 

PER.04 / MEN / 2006 on 

the Establishment of 

Technical 

Implementation Unit 

(UPT) Monitoring SDKP; 

 Regulation of the 

Minister of Marine 

Affairs and Fisheries No. 

PER.19 / MEN / 2006 

concerning the 

appointment of the harbor 

master at the Port of 

Fisheries; 

 Regulation of the 

Minister PER.27 / MEN / 

2009 on Fishing vessels; 

 Regulation PER.18 / 

MEN / 2010 

4. Marine and Fisheries 

Number on Registration 

and Marking of Marine and 

Fisheries Number of 

Fishing Log Book; 

5. Regulation of the Minister 

PER.14 / MEN / 2011 as 

amended by PER.49 / 

MEN / 2011; 

6. Regulation of the Minister 

PER.08 / MEN / 2012 

7. Regulation of the Minister 

PER.12 / MEN / 2012 the 

high seas; 

8. Regulation of the Minister 

PER.13 / MEN / 2012 Fish; 

9. Decision of Directorate 

General of Marine and Fish 



76 
 

Resources Surveillance 

PSDKP / 2012 on Technical 

Guidelines for Operational 

Control of Fishing Vessels. 

 

Indonesia’s action plans:  

Indonesia is currently preparing several 

laws, including :  

1. Finalization of Government 

Regulation on Fisheries Control 

draft; 

2. Preparation of draft materials on 

Government Regulation on the 

Award for Law Enforcement 

Officials and Parties Participating 

in Rescue Efforts of State Assets; 

3. Draft material of Regulation for 

Vessel Monitoring System to 

observe fishing vessels’ activities; 

4. Attempt to regulate the use of 

electronic evidence in criminal acts 

fisheries management in the 

legislation; 

5. Improvement for the Minister of 

Marine and Fisheries Regulation 

No. PER.05 / MEN / 2007 on the 

Implementation of Fisheries Vessel 

Monitoring System which 

regulates the implementation of the 

Vessel Monitoring System (VMS).  

 

b. Nation-wide Control 

Recommendation of IPOA-IUU 

Fishing 

States should, to the extent 

possible in their national law, 

avoid conferring economic 

support, including subsidies, to 

companies, vessels or persons 

that are involved in IUU fishing. 

Associated with the provisions of 

the IPOA which requires each state to 

regulate fishing activities in order to 

prevent IUU fishing, Indonesia has set:  

1. Law No. 31 of 2004 on 

Fisheries, as amended by 

Law No. 45 of 2009; 

2. Law No. 17 Year 2008 on 

the voyage, which provides 

that: 

a) Vessels from 

Indonesia flag is 

required to fly 

Indonesian flag as a 

sign of vessel’s 

nationality  

b) Non-Indonesian 

vessels are forbidden 

to sail with 

Indonesian flag 

c) Ships sailing in the 

waters of Indonesia 



77 
 

with more than one 

flag as a sign of 

nationality, are 

considered not to 

have the identity of 

the ship. 

3. Regulation of the Minister 

of Marine Affairs and 

Fisheries No. PER. 14 / 

MEN / 2011 on Business 

Fisheries, as amended by 

Regulation of the Minister 

of Marine Affairs and 

Fisheries No. PER. 49 / 

MEN / 2011 

In addition, Indonesia has made 

efforts to prevent the practice of IUU 

fishing by fishing vessels and fish 

transport vessels which perform activities 

in other countries or jurisdictions inside 

the conservation area of regional fisheries-

managing organizations. The operational 

measures undertaken include
11

: 

1. Cooperation between 

Indonesia and Australia in 

Indonesian-Australian 

Fisheries Surveillance 

Forum; 

                                                           
11

Adrianto, Implementation of Code of Conduct for 

Responsible Fisheries in the Perspective of 

Developing Countries, Indonesia Journal of 

International Law, 2005, 2 (3): 463-482. 

 

2. Patrol cooperation between 

Malaysia-Indonesia 

(cooperation between 

states); 

3. Socialization to those who 

are involved in fisheries 

business; 

4. Improvement of 

surveillance; and 

5.   Consistent law enforcement. 

 

Indonesia’s action plan: 

 

For the foreseeable future, the 

Government of Indonesia will take the 

following steps: 

a. Adjust the various laws and 

policies in Indonesia which are 

related to the prevention and 

control of IUU fishing by 

fishing vessels and fish 

transport vessels; so as to 

comply with international 

regulations; 

b. Improve surveillance of all 

fishing vessels and fish 

transport vessels in Indonesia. 

 

c. Vessels without Nationality 

Recommendations of IPOA-IUU 

Fishing: 



78 
 

States should ensure that fishing 

vessels entitled to fly their flag do 

not engage in or support IUU 

fishing. 

Indonesia has to prevent the entry 

of vessels without nationality from taking 

advantage of ports in Indonesia or getting 

a fishing license in Indonesia. Pursuant to 

Article 166 paragraph (1) of Law No. 17 

Year 2008 on the Voyage, any ship sailing 

in Indonesian waters must indicate clearly 

the identity of the ship. 

 

Indonesia’s action plan: 

a. Anticipate the entry of vessels 

without nationality which perform 

fishing from the high seas to 

Indonesia, with operational 

optimization of surveillance 

vessels;  

b. Improve the quality of fish 

resources supervision;  

c. Coordination with relevant 

agencies, among others, the water 

police and Navy (TNI). 

d. Sanction 

Recommendations of IPOA-IUU 

Fishing 

States should ensure that sanctions 

for IUU fishing by vessels and, to 

the greatest extent possible, 

nationals under its jurisdiction are 

of sufficient severity to effectively 

prevent, deter and eliminate IUU 

fishing and to deprive offenders of 

the benefits accruing from such 

fishing. This may include the 

adoption of a civil sanction regime 

based on an administrative penalty 

scheme. States should ensure the 

consistent and transparent 

application of sanctions. 

 

Indonesia has set strict sanctions 

against the perpetrators of IUU fishing in 

Indonesia, as stipulated in: 

1. Law No. 31 of 2004 on 

Fisheries, as amended by 

Law No. 45 of 2009; 

2. Law Number 17 Year 2008 

on the voyage. 

Indonesia has imposed sanctions 

against the perpetrators of IUU fishing in 

forms of imprisonment and fines, and the 

confiscation of evidence boats and fishing 

gear by the state. 

 

Indonesia’s action plans:  

Indonesia will continue to improve 

consistency and transparency in 



79 
 

implementing the sanctions for the 

perpetrators of IUU Fishing. 

 

B. Possible Taken Actions By 

Indonesia’s Government to 

Prevent Illegal 

Fishing/Poaching by Foreign-

Flagged Vessels in The 

Exclusive Economic Zone 

There are several factors that 

cause many perpetrators of IUU 

Fishing, namely:  

1. The rise of illegal fisheries–an 

indication that illegal acts are 

more economically-

advantageous than legal 

fishing. 

2. Higher legal costs–if the legal 

costs are higher than illegal 

revenues, then the illegal 

fishing activity is not likely to 

happen 

3. The net gain of illegal fishing 

is higher than the net profit of 

legal fisheries 

4. The level of fish consumption 

in Indonesia is increasing 

5. Fish resources in other 

countries are on the wane 

6. Lack of supervisory authorities 

in the Indonesian sea.
12

 

In other words, the perpetrators feel 

that illegal fishing results in much higher 

profits compared to legal fishing. In 

addition, there are also adverse effects 

caused by IUU fishing activities in 

Indonesia, such as these following:
13

 

1. The threat to the conservation 

of fish resources; 

2. The decline of livelihoods of 

local fishing communities with 

small-scale fishing fleet and 

simple fishing gear, because 

they cannot compete with 

those performing illegal 

fishing; 

3. The loss suffered by majority 

of fish production industries 

and loss of opportunities to 

improve national economy; 

4. Reduction of Non-Tax 

Revenues; 

5. Inhibition of Indonesia's 

efforts to strengthen the fish 

processing industry in the 

                                                           
12

 Theft of fish by foreign ships in waters Based on 

the Exclusive Economic Zone Law No. 31 Year 2004 

on Fisheries  Accessed on 

http://elib.unikom.ac.id/files/disk1/646/jbptunikompp

-gdl-andihidaya-32274-9-unikom_a-v.pdf pada 

tanggal 23/09/2015 at19.18 
13

 Contained in the Ministerial Decree No. KEP / 50 / 

MEN / 2012 Chapter III point D 

http://elib.unikom.ac.id/files/disk1/646/jbptunikompp-gdl-andihidaya-32274-9-unikom_a-v.pdf%20pada%20tanggal%2023/09/2015
http://elib.unikom.ac.id/files/disk1/646/jbptunikompp-gdl-andihidaya-32274-9-unikom_a-v.pdf%20pada%20tanggal%2023/09/2015
http://elib.unikom.ac.id/files/disk1/646/jbptunikompp-gdl-andihidaya-32274-9-unikom_a-v.pdf%20pada%20tanggal%2023/09/2015


80 
 

country, including the effort to 

improve competitiveness; 

6. Damage to the image of 

Indonesia in the international 

arena done by foreign vessels 

that use the Indonesian flag or 

vessels owned by Indonesian 

citizens and conducting illegal 

fishing, contrary to 

international conventions and 

agreements. It can also trigger 

the threat of embargo on the 

Indonesian fishery products 

marketed abroad. 

Given these factors and the bad 

impacts of illegal fishing in the coastal 

State, in accordance with the points exposed 

previously, Indonesia has developed an 

enforcement mechanism in form of the 

sinking of foreign-flagged illegal fishing 

vessels. However, this mechanism can lead 

to hostility between Indonesia and other 

countries. To avoid this, Indonesia should 

make the sinking of illegal foreign fishing 

vessels as the last alternative of the 

sanctions for illegal fishing. 

Thus, to prevent and crack down on 

illegal fishing activities that cause harm to 

both countries, the author will mention and 

explain some of the efforts that can be made 

by the Indonesian government to prevent the 

aforementioned violations. By implementing 

these, hopefully the occurrence of illegal 

fishing in Indonesia by fishing vessels 

foreign-flagged fishing can be reduced. 

 

1. The role of marine and fisheries 

diplomacy 

Advanced Oxford Dictionary 

2003 describes diplomacy as "the 

management of international relations 

through negotiation, which is 

harmonized and regulated by the 

ambassadors and representatives; 

business or art diplomats from the 

country". If you see a great sense of 

diplomacy by Indonesian dictionary, 

then diplomacy involves four (4) 

following case:
14

 

a. Affairs or the organization of 

official nexus between 

countries; 

b. The interests of a country's 

affairs through their 

representatives in other 

countries; 

                                                           
14

 Bayu Vita, sonny and Freshty.2014, the diplomatic 

role of marine and fisheries as part of efforts to tackle 

illegal fishing in Indonesia, (online) accessible from 

http://bbpse.litbang.kkp.go.id/publikasi/jbijak/jurbija

k_2013_v3_no1_%284% 29_full.pdf on 09/26/2015 

at 14:39 



81 
 

c. Knowledge and skills in terms 

of the nexus between 

countries; and 

d. Proficiency in using well-

chosen words for the benefit of 

the authority (in negotiations, 

answering questions, 

expressing opinions, etc.). 

Etty R. Agoes, stated her opinion 

associated with the handling or 

reduction of IUU fishing
15

, which is a 

form of international interstate 

(transnational) crime: one of the steps 

that needs to be done by the Ministry of 

Maritime Affairs and fisheries 

(MMAF) is diplomacy related to the 

plan of action related to the issues and 

problems of illegal fishing.  

Diplomacy needs to be done to 

provide data and information relating to 

other forms of violations of illegal 

fishing which has been carried out by 

foreign nations to countries of their 

origin, with the aim of realization of 

compliance to the regulations imposed 

in Indonesia in the fight against illegal 

fishing done by perpetrators from other 

countries. The bilateral and multilateral 

                                                           
15

 Etty R Agoes, an expert in international maritime 

law Faculty of Law, University of Padjadjaran 

Bandung, during the "Focus Group Discussion Study 

of Legal Aspects in the Context of Combating IUU 

Fishing in Indonesia in Jakarta, December 10, 2012", 

establishments need to reach an 

understanding in handling illegal 

fishing. For example, in violations 

committed by Indonesian fishermen in 

the country, the government can use the 

data of previous violation as a 

supporting tool to defend Indonesian 

fishermen; or the Indonesian 

government can give the excuse that 

Indonesian fishermen do the violation 

because the fish resources in Indonesia 

have also been stolen by fishermen 

from other countries.
16

 

 

2. By adding and enhancing the law 

enforcement agencies  

Law enforcement agencies are 

those that are directly or indirectly 

involved in the legal field. They are the 

ones in charge in the field of the 

judiciary, prosecutorial, police, and 

correctional institutions. Soerjono 

Soekanto stated that law enforcement 

has an ideal role as well as an actual 

role (a role that is actually done). This 

determines the role of a law 

enforcement unit in doing its job. 

Therefore, the author argues that the 

law enforcement fleets have an 

indispensable role in maintaining the 

                                                           
16

Bayu vita, Sonny and Freshty, Op Cit. 



82 
 

security of the jurisdiction of the 

Indonesian territorial waters.  

 

3. Improving the Supporting Facility 

of the Law Enforcement Agencies 

Facilities and amenities include 

educated manpower, adequate 

equipment, adequate financing which 

enables and supports the ongoing 

process of law enforcement, as if this is 

not met, then it is impossible to reach 

the goal of law enforcement
17

. 

 

 

IV. CONCLUSION 

The Indonesian government has 

launched a national action plan for 

prevention of IUU fishing as mandated by 

international legal instruments. The legal 

actions that can be done by Indonesia to 

prevent illegal fishing carried out by 

foreign-flagged fishing vessels are: 

conducting diplomacy in marine and fishery 

fields, adding law enforcement fleets, 

improving infrastructure and facilities to 

support law enforcement, making vessel-

sinking sanction as the last resort (ultimum 

remedium). 

The anticipation of IUU fishing in 

the form of national action plans that have 

                                                           
17

Bayu vita, Sonny and Freshty, Ibid 

been announced by the government of the 

Republic of Indonesia must be sustainable, 

the problem of IUU fishing is not a seasonal 

problem but one that requires ongoing 

treatment. If Indonesia wants to impose 

sanctions in form of sinking of the illegal 

foreign fishing vessel, it should be done only 

if other methods have been attempted, such 

as diplomacy, improvement of the facilities 

and amenities. It would be more agreeable if 

the sanction to foreign-flagged fishing 

vessels is done only as a last resort (ultimum 

remedium). 

 

 

REFERENCES 

 

Book 

Begi Hersutanto, The True Meaning 

Island States, Maritime Security 

Coordinating Board, Jakarta, 2009. 

Dr. Ir. Victor PH Nikijuluw, Socio-

Economic Dimensions of Fisheries 

Illegal (Blue Water Crime), Jakarta, 

Cidesindo 2008. 

I Wayan Parthiana, International Maritime 

Law and Law of the Sea Indonesia, 

Bandung: Yrama Widya, 2014. 

Joko Subagyo, Law of the Sea of 

Indonesia, Jakarta, Rineka Copyright 

2002. 

Mochtar Kusumaatmadja, Introduction to 

International Law, Alumni, Bandung, 

2003. 

Telly Wick, et al. General Dictionary of 

Politics and Law, Jakarta: Jala Jewel 

Script 2010. 

Soehino, Science of the State (Yogyakarta: 

Liberty, 1980) points: 17 



83 
 

Wahyono Suroto Kusumoprojo, Maritime 

State of Indonesia, Jakarta: Mizan 

Publika 2009. 

 

Journal 

Adrianto, Implementation of Code of 

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the Perspective of Developing 

Countries, Indonesia Journal of 

International Law, 2005, 2 (3): 463-

482. 

Ariatno, Indonesia Interest In Free Marine 

Fisheries Management, Indonesia 

Journal of International Law, 2005, 2 

(3): 503-544. 

Johanis Leatemia, The Legal Regulations 

of Regional Islands, Pulpit Law, 

Volume 23, No. 3 (October 2011), p. 

431. 

 

Convention and National Laws 

Law No. 45 of 2009 on the Amendment of 

Law No. 31 Year 2004 on Fisheries. 

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Management. 

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17 of 1985 RATIFICATION OF THE 

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ON THE LAW OF THE SEA 

(UNITED NATIONS CONVENTION 

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United Nations Convention on the Law of 

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