Law Enforcement Against Foreign Vessels Engaged In Illegal Fishing In The Waters Of Aceh Province

Abstract

In an area of 12 nautical miles, a state or region is granted the authority to manage fisheries resources and enforce law against violators in the territorial sea and Exclusive Economic Zone (EEZ). This is consistent with Law Numbers 5 and 23 of 1983 and 2014 on Regional Government amended by Law Number 9 of 2015. Law enforcement is carried out by the Marine and Fisheries Resources Management (PSDKP), Provincial Marine and Fisheries Service (DKP), Water and Air Police (Polairud), and Indonesian Navy (TNI AL) investigators. Therefore, this research aims to analyze the implementation of law enforcement against foreign vessels in illegal fishing in the waters of Aceh Province. The prevention efforts and constraints encountered during the initiatives are also explored. Furthermore, normative and empirical juridical methods are used by examining legal provisions, relevant books, and scientific works. Primary data collection is performed through interviews and the analysis is carried out using qualitative juridical methods. The results show that maritime law enforcement is conducted by Provincial DKP investigator because Regency DKP authority has been revoked. Meanwhile, surveillance activities and the law enforcement process against foreign vessels engaged in illegal fishing are coordinated among Polairud, TNI AL, and PSDKP investigators. The efforts to prevent these activities include establishing integrated investigators and improving coordination, personnel, and patrol equipment, as well as enhancing the operational budget. Constraints in the law enforcement process include ineffective surveillance and coordination among agencies with investigation authority. This is due to the extensive working area of Provincial DKP, increasing the difficulty of analyzing the entire Aceh Province. Additionally, Provincial DKP lacks sufficient personnel, budget, facilities, and infrastructure for effective surveillance.