The Battle against Fisheries Related Crimes in Indonesia

BACKGROUND

Indonesia is a state located in Southeast Asia, situated along the equator and positioned between the continents of Asia and Australia, as well as between the Pacific and Indian Oceans is also referred to as the "Nusantara" (Archipelago). With a total of 17,508 islands, Indonesia has become the world's largest archipelagic state. The status of Indonesia as an archipelagic state was established through the Djuanda Declaration on December 13, 1957.3 This effort was further solidified by international recognition (de jure) outlined in the United Nations Convention on the Law of the Sea (UNCLOS) of 1982.4 UNCLOS 1982 defines the rights and responsibilities of nations in using the world's oceans, providing guidelines for business, environmental concerns, and managing marine resources.

As an archipelagic state, Indonesia has vast sea waters and is rich in fisheries species and potential, bordering neighboring countries, giving rise to increasingly complex crimes and causing significant losses and difficulties for law enforcement in monitoring illegal activities in the vast maritime space.6 Nowadays, fishing crime issues cannot be viewed narrowly, because several other crimes often accompany them, such as human smuggling and trafficking, slavery, and smuggling of illegal goods.7 Indonesia also faces these challenges which include illegal fishing, plundering of natural resources, smuggling of goods and weapons, and illegal immigration.8 According to the statement from the Chief of Police in the latest 2019 press release, out of 222,543 reported criminal cases, approximately 36,219 cases, or about 16.2 percent of all crimes, were identified as transnational crimes occurring in Indonesia.9 For instance, on February 7, 2018, the government thwarted an attempt to smuggle 1.37 tons of narcotics into the waters off Batam, Riau, using the Singapore-flagged fishing vessel, Sunrise Glory. Another case was uncovered in 2015, involving the exploitation and enslavement of fishermen in the Benjina, Aru Sea, and Ambon areas. These incidents underscore that illegal fishing should not be treated as an ordinary fisheries crime.

Indonesia has established several legal frameworks that serve as the basis for preventing and combating illegal fishing to protect its maritime territory. These include:

1. The Territorial Sea and Maritime Environment Act of 1939 (Territoriale Zee en Maritieme Kringen Ordonantie, Stbl. 1939 No. 442)
2. Law of the Republic of Indonesia No. 5 of 1983 on the Indonesian Exclusive Economic Zone.
3. Law of the Republic of Indonesia No. 17 of 1985 on the Ratification of the United Nations Convention on the Law of the Sea (UNCLOS).
4. Law of the Republic of Indonesia No. 17 of 2008 on Shipping.
5. Law of the Republic of Indonesia No. 45 of 2009 concerning the Amendment to Law No. 31 of 2004 on Fisheries.
6. Law of the Republic of Indonesia No. 32 of 2014 on Maritime Affairs.

At the international level, Indonesia ratified the UN Convention Against Transnational Organized Crime through Law No. 5 of 2009 on the Ratification of the United Nations Convention Against Transnational Organized Crime. This is because fisheries-related crimes contain transnational aspects and they raise serious concerns since they can often be accompanied or exploited by other crimes, such as drug trafficking, human trafficking, arms smuggling, and even the smuggling of plants and wildlife.

OBJECTIVES

Based on the background above, it is obvious that transnational crime is a form ofcrime that poses a serious threat to global security and prosperity. To address thisissue, transnational crime requires special attention due to Indonesia's highlystrategic location, which makes it vulnerable to various forms of transnational crime.Indonesia places special attention on emerging and evolving transnational crimes,including human trafficking and smuggling, corruption and money laundering, forestryand wildlife crimes, fisheries crimes, illegal trade in cultural heritage objects, as wellas narcotics and drug-related crimes and their precursors.

To address the issues relating to transnational crime, the session limits thediscussion on “The Battle against Fisheries Related Crimes in Indonesia” whichpresents three Indonesian experts in this field. The three experts will reveal the issuesrelating to human trafficking, people smuggling, and illegal fishing. The panelists willemphasize that Indonesia and other countries must strengthen their law enforcementand border controls, intensify efforts to prosecute perpetrators of fisheries-relatedcrimes, and strengthen regional and international cooperations based on sharedresponsibilities to effectively address demand and supply that fosters all forms ofthese crimes.

PANELLISTS

1. Nukila Evanty speaks on “Complexity of Response to Slavery Crimes in the Fisheries Industry in Indonesia”.
2. Rina Shahriyani Shahrullah discusses “Illegal Fishing in the Ranai Natuna Waters" ContemporaryIssue in Indonesia's Exclusive Economic Zone”
3. Ninne Zahara Silviani addresses “Smuggling of Migrants towards sea routes in Riau Islands”
4. Cynthia Putri Guswandi serves as a moderator for the session.