Indonesian Jurisdiction in the Policy of Sinking Foreign-Flagged Ships in Indonesia's Exclusive Economic Zone

摘要

Indonesia as an archipelagic country which has vast oceanic economic potential for public welfare. However, due to Indonesia's position between the two continents and the two Oceans, it is prone to illegal fishing. The practice of illegal fishing is carried out by foreign-flagged fishing vessels that steal fish in the Indonesian Exclusive Economic Zone (ZEEI). Illegal fishing violations the Indonesian government must make law enforcement efforts to prevent and overcome illegal fishing. Efforts that have been made by the Indonesian government are shooting and or sinking foreign-flagged vessels that have sufficient evidence of criminal acts. The government's strict action to deal with illegal fishing through the sinking of the ship has received many rejection reactions. In this paper discusses what is the basis of Indonesian jurisdiction in the sinking of foreign-flagged ships and does the sinking policy contradict international sea law conventions? The type of research used in this study is normative legal research that examines the juridical aspects of the statutory approach (Statue Approach), which examines problems based on laws and regulations relating to illegal fishing in Indonesia. The results of this study that based on the provisions of Article 69 of the Fisheries Law the Indonesian government has jurisdiction to carry out a policy of sinking foreign-flagged vessels that have sufficient evidence to have stolen fish in the Indonesian EEZ. The policy of sinking foreign-flagged vessels is in accordance with the provisions of Article 73 of UNCLOS, so that it does not conflict with the provisions of the International Law of the Sea Convention.