Manuscript Title:

LEGAL RECONSTRUCTION AGAINST ILLEGAL FISHING BY PROHIBITED MEANS AND IN PROHIBITED AREAS

Author:

BAYU CATUR PRABOWO, RETNO SARASWATI, NABITATUS SA ADAH

DOI Number:

DOI:10.5281/zenodo.10203084

Published : 2023-11-23

About the author(s)

1. BAYU CATUR PRABOWO - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. RETNO SARASWATI - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. NABITATUS SA ADAH - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Reconstruction of laws against illegal fishing by prohibited means and in prohibited areas. The purpose of this study is to analyze: 1) How is the practice of catching illegal fishing? 2) Marine and Fisheries Law Regulation Against Illegal Fishing? 3) Marine and Fisheries Law Enforcement Against fishing by illicit means and in restricted areas? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Illegal fishing practices are varied, such as manipulation of administrative requirements, use of fishing gear that is not permitted, nets that are not in accordance with laws and regulations, and others. 2) One of the backgrounds in the proposer's explanation of the draft Law on fisheries which will replace Law Number 9 of 1985 concerning fisheries proposed by the DPR-RI, is to view the Unitary State of the Republic of Indonesia as an independent and sovereign state based on Pancasila and the 1945 Constitution, has a vast territorial waters and land, and 2/3 of its territory is sea with a coastline of 81,000 km2 consisting of about 17,508 islands. 3) Fisheries law applies to everyone, both Indonesian citizens and foreign nationals; Indonesian legal entities and foreign legal entities, as well as Indonesian-flagged fishing vessels that cooperate with foreign parties carrying out fisheries
activities in fisheries management areas and outside the fisheries management areas of the Republic of Indonesia.


Keywords

Reconstruction, Law, Illegal Fishing, Forbidden Means, Forbidden Areas.