How is the implementation of criminal law according to Fisheries Law? Is the recent sinking of foreign vessels by Minister Susi permitted by law? And what is the impact on the enforcement of the law of the sea in Indonesia?
DAFTAR ISI
INTISARI JAWABAN
The implementation of sanctions for criminal acts in the fisheries sector is in the form of imprisonment and/or fines. In addition, the Fisheries Law confirms that one of the implementations of criminal law in the fisheries sector is also in the form of the sinking of foreign vessels operating in Indonesian territory that do not have Fish Capture License (Surat Izin Penangkapan Ikan/"SIPI") and Fish Transporting Vessel License (Surat Izin Kapal Pengangkut Ikan/"SIKPI").
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In order to answer your first question on the implementation of criminal law in the fisheries sector, we will refer to the General Elucidation of Law Number 45 of 2009 on the Amendment to Law Number 31 of 2004 on Fishery (“Law 45/2009”) a.k.a. Fisheries Law which states that there are several weaknesses in Law Number 31 of 2004 on Fishery, therefore, it is deemed necessary to make amendments to the Law, one of which is the possibility of implementing legal action in the form of the sinking of foreign vessels operating within the fisheries management area of the Republic of Indonesia.
According to our research under the Fisheries Law, as well as the implementation of sanctions for other criminal acts in general, the implementation of sanctions for criminal acts in the fisheries sector is in the form of imprisonment and/or fines. Moreover, it is true that one of the implementations of criminal law in the fisheries sector is the sinking of foreign vessels operating within Indonesian territory.
The article on the sinking of foreign ships can be found in Article 69 section (4) Law 45/2009, namely:
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The fishery supervisor vessel has the function to conduct supervision and law enforcement in the fishery sector within the fishery management area of the Republic of Indonesia.
Fishery supervisor vessel as referred to in paragraph (1), may be equipped with firearms.
Fishery supervisor vessels may stop, inspect, carry, and arrest vessels which are suspected or reasonably suspected of conduct violation in the fishery management area of the Republic of Indonesia to the nearest port for further processing.
In performing the function as referred to in paragraph (1) the fishery investigator and/or supervisor may take special action in the form of burning and/or sinking of a fishing vessel with a foreign flag on the basis of sufficient initial evidence.
Therefore, the sinking of foreign-flagged fishing vessels is a special measure carried out by fisheries supervisor vessels in carrying out their functions as well as law enforcers in the fisheries sector. "Fishery supervisor vessels" are government vessels that are given a certain mark in order to conduct supervision and law enforcement in the fisheries sector (read the Elucidation of Article 69 section (1) Law 45/2009).
However, the important thing to note in relation to the sinking of foreign vessels is that the sinking must not be carried out arbitrarily and must be based on sufficient initial evidence.
"Sufficient initial evidence" is referred to preliminary evidence to suspect a criminal offense in the fisheries sector by a fishing vessel with a foreign flag, such as a fishing vessel with a foreign flag does not have Fish Capture License (Surat Izin Penangkapan Ikan/"SIPI") and Fish Transporting Vessel License (Surat Izin Kapal Pengangkut Ikan/"SIKPI"), and clearly capturing and/or transporting fish when entering the territory of the fishery management of the Republic of Indonesia. This provision indicates that such special measures cannot be carried out arbitrarily, but only if a fishery investigator and/or supervisor is convinced that the foreign flag vessel is actually committing a criminal offense in the fisheries sector. This is as described in the Elucidation of Article 69 section (4) Law 45/2009.
In answer to your question, this means that the sinking of foreign vessels is indeed permitted by law, provided that it is in accordance with the procedure determined by law. Furthermore, as explained in the article entitled The Sinking of Foreign Fish Thieves Ship is Protected by Law, regarding its impact on the enforcement of the law of the sea in Indonesia, Member of Commission III of the House of Representatives, S. Dasco Ahmad, explained the sinking of foreign fishing vessels will certainly cause a deterrent effect because the vessels are the main production equipment for the perpetrators of theft. If the vessel and its expensive equipment are sunk, the thieves will think a thousand times about repeating the theft in Indonesian territory because the motive for theft is to seek profit.
In addition, Dasco added that the practice of burning and sinking of foreign fishing vessels that are caught in the act of stealing fish, is a common practice that is also conducted by many other countries. In addition, the problem of theft of fish by foreign vessels is not only a matter of the loss of fisheries resources but also a matter of violation of state sovereignty which is a very principle for us. We have to show that in terms of law enforcement and sovereignty, we never play games.
These are the answers we can provide, we hope you will find them useful.
