The Ideal Concept of Criminal Responsibility for Perpetrators of Illegal Fishing in Indonesian Waters

Abstract

Enforcing maritime and fisheries law in Indonesian waters is essential for a country with vast maritime territory. For example, law enforcement in the fisheries sector is extremely difficult, yet crucial and strategic in supporting controlled fisheries development in accordance with the principles of fisheries management, ensuring sustainable fisheries development. The purpose of this study is to examine and analyze the forms of criminal liability for perpetrators of illegal fishing in Indonesian waters, and to examine and analyze the ideal concept of criminal liability for perpetrators of illegal fishing in Indonesian waters in the future. This legal research uses an empirical legal research approach. Criminal liability for illegal fishing needs to be strengthened because the practice of fish theft by foreign vessels continues to harm the state and fishermen, while law enforcement tends to only ensnare captains and crew, not ship owners or corporations, even though the Fisheries Law provides for severe criminal penalties. Going forward, Indonesia needs a model capable of prosecuting intellectual actors and economic networks through expanding the scope of criminal offenses, strict corporate accountability, substantial financial sanctions, impoverishment of perpetrators, and asset confiscation, supported by surveillance technologies such as VMS, satellites, electronic logbooks, as well as strengthening the PPNS (National Fisheries Supervisory Agency), fisheries courts, rapid administrative sanctions, catch traceability, and international cooperation. With progressive regulatory reform and the adoption of best practices from Australia, Norway, and Japan, the illegal fishing law enforcement system can become more effective and equitable.