THE FOREIGN VESSEL SINKING POLICY IN ERADICATING ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING IN THE INDONESIAN EXCLUSIVE ECONOMIC ZONE (IEEZ)

Illegal, Unreported, and Unregulated (IUU) fishing is concerned with activities fisheries that are carried out contrary to provisions of national regulations in the fishery. Indonesia’s losses due to IUU fishing are estimated at around IDR 101 trillion per year. Many foreign fishing vessels were doing IUU fishing in the Indonesian Exclusive Economic Zone (IEEZ). It made Indonesia has been sinking foreign vessels to eradicate IUU fishing. Article 56 of The United Nations Convention on the Law of the Sea (UNCLOS) 1982 recognizes sovereign rights by the coastal state in the EEZ. Article 73, in exercising its sovereign rights, the coastal state may arrest and conduct judicial proceedings to ensure compliance by the national regulation. Article 73 (3), the imprisonment sanction in the EEZ can not be applied. However, Indonesia’s marine potential is disrupted due to threats from IUU fishing. Because imprisonment can not be used, foreign vessel sinking policy is needed to protect its marine resources.

This study aims to explain the relevancies regarding foreign vessel sinking policy to eradicate IUU fishing in IEEZ by national regulation to UNCLOS 1982. Another aim is to know the effectiveness of the foreign vessel sinking policy in eradicating IUU fishing in the IEEZ.

This research is the form of normative legal research. Legal research examines international conventions and national regulation provisions and their application to legal events. The data collection technique used is document study which includes international and national laws related to this thesis.

The results indicate that implementing a foreign vessel sinking policy is part of national law enforcement by Law No. 45 of 2009 amendment of Law No. 31 of 2004 Concerning Fishery in Article 69 (1) and (4). The foreign vessel sinking policy is not contrary internationally to UNCLOS 1982 because the subject protected in EEZ by Article 73 (3) is the human being, not the vessel. The foreign vessel sinking policy remains an effective means to create a deterrent effect as an optimum penalty.

This research suggests that the government should support the foreign vessel sinking policy to eradicate IUU fishing in IEEZ. The government must also coordinate and cooperate with other countries to introduce foreign vessels sinking policy, a policy taken by the Indonesian government to eradicate IUU fishing.