Challenges for Indonesian Government in Controlling Illegal Fishing in Legal Perspective (Study in North Sumatera Province)
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International Journal of Research and Review
Vol. 9; Issue: 1; January 2022
Website: www.ijrrjournal.com
Review Paper E-ISSN: 2349-9788; P-ISSN: 2454-2237
Challenges for Indonesian Government in
Controlling Illegal Fishing in Legal Perspective
(Study in North Sumatera Province)
Mohammad Eka Putra1, Vita Cita Emia Tarigan2
1
Universitas Sumatera Utara, Faculty of Law, Medan, North Sumatera, Indonesia
2
Universitas Pembangunan Panca Budi, Faculty of Social Science, Medan, North Sumatera, Indonesia
Corresponding Author: Mohammad Eka Putra
DOI: https://doi.org/10.52403/ijrr.20220161
ABSTRACT eradication task force on illegal fishing 115. The
many achievements undertaken by the Ministry
The provincial government of North Sumatera of Maritime Fisheries are not accompanied by
has vast maritime and fisheries potential, consistent efforts in the eradication efforts of
consisting of the potential for catching fisheries IUU fishing in Indonesia.
and for cultural fisheries. The potential of the
catchment of the North Sumatera Province of Keywords: IUU Fishing, Illegal Fishing,
the Straits of Malacca is 484,414 per year, and Ministry of Marine Affairs and Fisheries
the potential of the Indian Ocean is 1,228,601
per year. Given the magnitude of the less INTRODUCTION
exploited fisheries potential, which has led to The province of North Sumatera is
North Sumatera Province becoming a fertile located in the western part of Indonesia
ground for Illegal, Unreported, Unregulated
based on its geographical location, which is
Fishing, or commonly mentioned as IUU
Fishing,
located between 10-40 LU, 980-1000 B.T.
The current study uses the normative The capital city of North Sumatera province
jurisprudence methodology, which is based on is located in Medan City. This area itself
the main legal material by examining the consists of beaches and lowlands to the east
theories, concepts, legal principles, and and west, while the highland areas are Karo,
legislative rules. The type and nature of the Toba, and Humbang Hasudutan. The
research used is qualitative research with legal province's borders are divided into three
and policy approaches around IUU Fishing. The parts: the north by the province of Aceh, the
data sources used are secondary data sources east by the Strait of Malacca, the southern
using primary legal materials, secondary legal border by the provinces of Riau and West
materials, and tertiary legal materials. Data
Sumatera province, and the west by the
collection techniques in this paper used library
study and the results will be repeated to the
Indian Ocean. The area of North Sumatera
respondents who have been determined. reaches 18,298,123 ha (182,981.23 km2),
The Ministry of Marine Affairs and Fisheries which consists of a land area of 7,298,123
implemented three pillars to prevent and address km2 and an ocean area of 11,000,000 km2
the activities of IUU fishing, known as the three (BPS North Sumatera Province; 2015).
pillars policy, namely: sovereignty, According to the provincial
sustainability, and welfare. That has been government of North Sumatera, the
implemented in some of the ways among the potential for marine and fishing activities is
ships that commit illegal fishing crimes for the vast, consisting of the potential for catching
deterrent effect; performing the moratorium on waters and the potential for cultural
foreign vessels; the establishment of an
fisheries. The catchment potential in the
International Journal of Research and Review (ijrrjournal.com) 528
Vol. 9; Issue: 1; January 2022Mohammad Eka Putra et.al. Challenges for Indonesian government in controlling illegal fishing in legal
perspective (study in North Sumatera Province).
Straits of Malacca is 484,414 tonnes/year vacancy of personnel, this follows the
and the potential in the Indian Ocean is narrative of Mas Achmad Santosa, who
1,228,601 tonnes/year (sumutprov.go.id). states that the institution still exists but the
Meanwhile, the number of fishermen personnel no longer exist due to the absence
currently stands at 250 thousand along the of the new President's instructions (Kompas
east coast (Straits of Malacca) and the west 12/1/2020). While the new Minister of
coast (Indian Ocean). (business.com, Marine and Fisheries, Mr. Edhy Prabowo,
daily.com). Unfortunately, 95% of these still reviews several regulations, one of
fishermen are traditional fishermen and which is the task force's time, budget, and
small fishermen who still have limited performance evaluation. Therefore, it is
access to the outlying waters of Indonesia. necessary to see how the IUU fishing policy
Given the magnitude of this has changed in North Sumatera province
underutilized fishing potential, North after the transition of the Ministry of Marine
Sumatera Province has become a fertile Affairs and Fisheries from Mrs. Susi
ground for Illegal, Unreported, Unregulated Pudjiastuti in the Indonesia Working
Fishing also commonly known as IUU Cabinet era to Mr. Edhy Prabowo in the era
Fishing. According to the former Minister of the Indonesia Advancing Cabinet for
of Marine and Fisheries of the Republic of North Sumatera province.
Indonesia, Mrs. Susi Pudjiastuti, there are
two types of IUU fishing practices in RESEARCH METHOD
Indonesia, namely: 1) fishing practices by This study uses the normative
foreign fishermen and 2) fishing practices juridical methodology in its methodology,
that are destructive by local fishermen. which is based on the main legal material by
(KKP News). In the province of North studying the theories, concepts, legal
Sumatera, fish theft cases are the most principles, and laws related to this study to
common, with an estimated loss of 875 find the truth under the logic of legal
billion rupiah annually (Kompas.com). science in terms of normatively (Ibrahim,
Fishermen from Thailand, Vietnam, the 2006). The type and nature of research used
Philippines, and Malaysia have become the is qualitative research with the approach of
largest foreign fishermen who do most IUU legislation and policies around IUU fishing.
fishing in the region. To follow up on this This approach is used to find out whether
matter, the Government of Indonesia, the laws and policies on IUU fishing that
through the Ministry of Marine Affairs and have been adopted by Minister Mrs. Susi
Fisheries, has established an Illegal Catch Pudjastuti have changed in the transition era
Eradication Task Force or Task Force 115, led by the Ministry of Marine and Fisheries,
through Presidential Decree No. 115 of the Mr. Edhy Prabowo.
Year 2015, one of whose duties is to The data source used is a secondary
develop and implement law enforcement in data source using primary legal materials,
illegal eradication of fish through cross- secondary legal materials, and tertiary legal
agency coordination (Kompas 12/01/2020). materials. The primary legal material itself
As for some breakthroughs and policies that is derived from all regulations and policies
have been taken by this task force, among that are related to IUU fishing; secondary
them, the analysis and evaluation of the legal materials are derived from expert
compliance of 1,132 ex-foreign vessels, the opinion, research results, textbooks, and
action on the transmission of illegal fish journals on IUU fishing policy; and tertiary
vessels, as many as 516 illegal fish vessels legal materials are obtained from
until May 2019, and the handling of 1020 dictionaries and legal encyclopedias. The
people’s human slavery in Benjina Maluku. data collection techniques in this paper use
However, as the term of this task library studies, and the results will be
expires on December 31, 2019, causing the repeated to the respondents who have been
International Journal of Research and Review (ijrrjournal.com) 529
Vol. 9; Issue: 1; January 2022Mohammad Eka Putra et.al. Challenges for Indonesian government in controlling illegal fishing in legal
perspective (study in North Sumatera Province).
determined. The descriptive qualitative contrary to the prevailing laws and
method was used to analyze all of the regulations in the country where fishing
data.Some of the respondents are Andreas activities are held, are considered illegal
Sinulingga, Design and Development of the fishing activities.Any fishing activity that
Directorate General of Maritime Affairs, violates applicable national and/or
Ministry of Communications of the Main international regulations; Every fishing
Port Authority of Belawan, and Boy Bronso activity carried out by the ship while raising
Simarmata, Navigation and Maritime the flag of a country that is a member of a
Affairs of the Ministry of Transportation. regional fisheries management organization
Directorate General of Maritime Affairs, but whose operation does not agree with the
Ministry of Transportation. It is used to provisions of the preservation and
know for sure what is happening in the field management adopted by the organization or
in terms of the IUU fishing policy after the the provisions of international law in force.
transfer of the Ministry of Marine and In the region of Indonesia in general and
Fisheries from Minister Mrs. Susi North Sumatera in particular, a common
Pudjiastuti to Minister Mr. Edhy Prabowo. activity is unlicensed fishing, using false
clearance using prohibited capture and
DISCUSSION fishing (species) that do not agree with the
IUU Fishing in North Sumatera permission given.
Basically, in literal terminology, The activities of unreported fishing
Illegal, Unreported, and Unregulated (IUU) are Every fishing activity conducted in the
fishing comes from the word "illegal", area under the authority of regional fisheries
which is a violation, dark, wild, and illegal management institutions that is never
entry (Shadily, 2003), and "fishing" is to reported and/or reported incorrectly or not
find fish by boat, rods, and lures. In other following the reporting provisions
dictionaries, it is stated that "illegal" means established by the institution. Generally,
unauthorized, prohibited, or contrary to law activities that usually occur in Indonesia and
(Salim, 2003), and "fishing" means fishing North Sumatera province include fishing
as a livelihood (Shadily, 2003). Thus, the that does not report the actual catches or
terminology above concludes that illegal data counterfeiting of the catch. The catch is
fishing is an unauthorized fishing activity directly brought to other countries
that is contrary to the law. (transshipment in the middle of the sea).
According to FAO, IUU fishing Including the fishing activities that
activity is a variety and dimension of illegal are part of the regulated. Fishing is any
fishing activities in both the offshore and fishing activity in an area whose conditions
the national jurisdiction area of the country have not been established and have not
that consist of catching and using fish implemented preservation and management,
(Nations, 2020), carried out by foreign so it is done irresponsibly and does not
national vessels in the waters under the conform to the principle of preservation and
jurisdiction of a country without the management of fish resources by
permission of the country, or contrary to its international rules. Every fishing activity
law and its arrangement, or conducted by carried out in an area that is under the
vessels operating with no conservation and authority of a regional fisheries
management measures, and contrary to management institution/organization,
national and international laws. IUU fishing conducted by a non-citizenship vessel, or
consists of illegal fishing and unreported that is waving a flag of a country that is not
fishing. Any fishing activities conducted by a member of that organization, in a manner
foreigners and/or foreign vessels in water that does not conform to the preservation
that becomes the jurisdiction of a country and management provisions of the
without the permission of the country, or organization. The usual activities in
International Journal of Research and Review (ijrrjournal.com) 530
Vol. 9; Issue: 1; January 2022Mohammad Eka Putra et.al. Challenges for Indonesian government in controlling illegal fishing in legal
perspective (study in North Sumatera Province).
Indonesia in general and in the province of maintain a plasma pool, and sanctions that
North Sumatera in particular, are fishing will be given. (2) Law No. 5 of 1983 on
activities where the mechanism of recording Indonesia's exclusive economic zone.The
the capture results has not been arranged in thing related to IUU fishing is about setting
detail, as well as areas that are allowed and a ZEE boundary line that is often used by
not allowed to catch fish, and still not in the IUU fishing actors to escape or circumvent,
sport of fishing and activities that use namely article 4 paragraph (3), which states
modifications to other fishing equipment. "in the exclusive economic zone of
According to the Ministry of Indonesia, the freedom of shipping and
Maritime and Fisheries, there are 12 modus international flights and the freedom of
operandi of IUU Fishing in Indonesia installation of cables and undersea pipes are
generally, and in the province of North recognized by the principles of international
Sumatera in particular, such as law of the applicable Article 5 paragraph
counterfeiting ship registration documents, (3), which reads: "By not reducing the
catching fish without shipping documents, provisions of article 4 paragraph (2), the
do not activate the vessel monitoring exploration and exploitation of natural
transmitter, use of prohibited fishing resources in certain areas in the exclusive
equipment, and do not put fish in the port economic zone of Indonesia by persons or
specified in the permit. Also, some legal entities or foreign governments may be
fishermen use illegal methods, such as using permitted if the number of catches allowed
cyanide or fish bombs, catching fish in unset by the government of Indonesia for such
places or selling without clear data and type exceeds the ability of Indonesia to
some other activities. Usually, these exploit them." Unfortunately, there is no
activities arise not only because there is no firmness about IUU fishing. (3) Law No. 21
clear regulation but also because of a lack of of 1992, relating to sailing.The thing related
supervision and infrastructure support. to IUU fishing lies in the frequent actors.
IUU fishing activity itself has a lot IUU fishing is also often accompanied by a
of adverse effects on both the continuity of criminal act of shipping, such as breaking
the environment and the fish itself, inflicting traffic ordinances, shipping flows, and
a lot of harm on the country. The estimated others. (4) Law No. 6 of 1996 on Indonesian
loss of Indonesia is not less than 2,000 waters: things related to IUU fishing are
trillion rupiah annually as a result of IUU located in the division of Indonesian Water
fishing activities (Indonesia, 2020). Territory. Therefore, it becomes a reference
Therefore, the Ministry of Marine if the vessels that do IUU fishing are
and Fisheries implemented three pillars to ensnared with this law.
prevent and overcome the activities of IUU
fishing, also known as the policy name, IUU Fishing Policy in the Indonesian
three pillars of the pillar of sovereignty, cabinet era advanced in North Sumatera
sustainability, and welfare (Sistiyanto, province
2018). That has been implemented in some The Advanced Indonesian Cabinet is
of the areas among the ships that commit the government cabinet of Mr. Joko Widodo
illegal fishing crimes for deterrent effect: and Mr. Ma'aruf Amin. This Cabinet
conducting a moratorium on foreign vessels; consists of eight Ministerial-level Officers,
the establishment of an eradication task 34 Ministers, and 12 Deputy Ministers who
force on illegal fishing 115. were appointed on October 23, 2019. One of
The Indonesian Illegal Fishing the ministers appointed was the Minister of
legislation is governed by (1) Law No. 45 of Maritime Affairs and Fisheries, Mr. Edhy
2009 on Fisheries, which deals with matters Prabowo. Along with the transition of the
relating to IUU Fishing related to the Minister from Mrs. Susi Pudjiastuti to Mr.
prohibition of fishing, the obligation to Edhy Prabowo, several policy shifts were
International Journal of Research and Review (ijrrjournal.com) 531
Vol. 9; Issue: 1; January 2022Mohammad Eka Putra et.al. Challenges for Indonesian government in controlling illegal fishing in legal
perspective (study in North Sumatera Province).
also implemented, one of which was the of task staff of the 115 Task Force, Mas
IUU fishing policy. Achmad Santosa stated that there are three
One of the most visible is the options for the sustainability of the task
stipulation of 100 days of work programs, force. 1) incorporated into the main tasks
according to the website kkp.go.id. The and functions of the KKP, Bakamla, or
things that have been done include (1) other institutions. 2) Its responsibilities were
Implement licensing reforms by launching expanded.3) It was dissolved because it was
an online-based Fast Service Permit no longer needed.
Information System that reduces the time it The unclear position of Task Force
takes to obtain permits for fishing vessels 115 resulted in the IUU fishing policy
larger than 30 feet from 14 days to one apparently not working. Although the
hour.(2) the arrest of foreign fish smugglers existence of the task force still exists, the
on three Philippine ships in the Sulawesi members and the implementation of their
Sea, one Malaysian ship in the Malacca duties and functions are not running
Strait, and three Vietnamese ships in the optimally. Something similar also happened
North Natuna Sea. (3) Exemption from in North Sumatera Province.
Indonesian fishing ship KM Abadi, which Although the existence of Task
was arrested by the Malaysian Maritime Force 115 was not running optimally, the
Enforcement Agency in the year 2016 in the IUU fishing policy continued. These include
Straits of Malacca. (4) Increasing Andreas Sinulingga, Design and
Cooperation with Community, Regional Development of the Directorate General of
Heads, and International. Sea Transportation, the Ministry of
Many of the achievements made by Transportation of the Main Port Authority
the Ministry of Marine Fisheries are not of Belawan, and Boy Bronso Simarmata,
commensurate with the consistent efforts to Navigation and Sea Transportation of the
eradicate IUU fishing in Indonesia. This can Ministry of Transportation. The Directorate
be seen from the ambiguity of the fate of the General of Sea Transportation, the Ministry
Illegal Fisheries Eradication Task Force of Transportation stated that the main duties
(Task Force 115). Because until now, and functions of the eradication of IUU
although it has been decided to continue in fishing are still being carried out by their
the limited coordination meeting chaired by respective agencies because the
the coordinating minister for politics, law implementation of the IUU Fishing Policy is
and human rights on January 23, 2020, and not only attached to the Ministry of
continued in the initial coordination meeting Maritime Affairs and Fisheries and Task
of the task force 115 on May 20, 2020, Force 115 alone.
There is still no clarity related to SOP,
technical guidelines, budget, and overlap in CONCLUSION
the authority of this task force. This is due The underutilized fishery potential
to the fact that the process of evaluating and causes North Sumatera Province to become
reviewing the performance of this task (115) fertile ground for Illegal, Unreported,
is still ongoing. Unregulated Fishing, or commonly called
According to member commission IUU Fishing. To follow up on this, the
IV DPR RI, Mr. Darori Wonodipuro, it Government of Indonesia, through the
happened because there are still many cases Ministry of Maritime Affairs and Fisheries,
of illegal fishing although the Task Force has established a Task Force to Eradicate
has been working for 5 years, and the Illegal Catching, or Task Force115, through
occurrence of double the budget is the result Presidential Regulation Number 115 of the
of the fact that the members of this task Year 2015, in which one of their tasks is to
force are filled by several other institutions develop and implement law enforcement in
such as soldiers and police. As coordinator
International Journal of Research and Review (ijrrjournal.com) 532
Vol. 9; Issue: 1; January 2022Mohammad Eka Putra et.al. Challenges for Indonesian government in controlling illegal fishing in legal
perspective (study in North Sumatera Province).
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Acknowledgement: None
How to cite this article: Mohammad Eka Putra,
Conflict of Interest: None Vita Cita Emia Tarigan. Challenges for
Indonesian government in controlling illegal
Source of Funding: None fishing in legal perspective (study in North
Sumatera Province). International Journal of
Research and Review. 2022; 9(1): 528-533.
DOI: https://doi.org/10.52403/ijrr.20220161
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