LEGAL PROTECTION OF TRADITIONAL FISHING RIGHTS FOR INDONESIA FISHERMEN IN AUSTRALIA’S FISHING ZONE

Abstract

Indonesia and Australia have established the 1974 MoU Box, the 1981 MoU Concerning the Implementation of Provisional Fisheries Surveillance and Enforcement Arrangement, and the 1989 Agreed Minutes. These agreements aim to protect the traditional fishing rights of Indonesian fishermen within Australia's fishing zones, specifically around Ashmore Reef, Cartier Islet, Scott Reef, Seringapatam Reef, and Browse Islet. However, despite these agreements, Australia frequently arrests Indonesian fishermen who exercise their traditional fishing rights in these areas. This study utilizes a normative legal research method, focusing on document studies. The research findings indicate that Australian authorities arrest Indonesian traditional fishermen because Australia has re-designated these fishing zones as national marine parks, the definitions of fishing gear between Indonesia and Australia do not align with the needs of traditional fishermen, and there is a mutual interest between both nations in reducing Indonesian fishing activities in Australia’s fishing zones. The legal protection Indonesia should provide includes reinstating the traditional fishing rights of Indonesian fishermen in Australia’s fishing zones and clarifying the definition of traditional fishing gear to align with both fishermen's needs and scientific and technological developments.