Policies for Combating Illegal Fishing Crimes in Indonesia: A Comparative Study
), Eni Dasuki Suhardini(2), Sri Mulyati Chalil(3), Dani Durahman(4)
(1) Faculty of Law, Universitas Langlangbuana, Bandung, Indonesia
(2) Faculty of Law, Universitas Langlangbuana, Bandung, Indonesia
(3) Faculty of Law, Universitas Langlangbuana, Bandung, Indonesia
(4) Faculty of Law, Universitas Langlangbuana, Bandung, Indonesia
Corresponding Author
Abstract
Introduction: Indonesia is an archipelago with an area of 5.8 million square kilometers of marine area and has a tremendous amount of fisheries wealth. However, fisheries in Indonesian seas are often the target of illegal fishing from foreign fishermen. To address this problem, the government has issued various very progressive policies. However, illegal fishing crimes still occur frequently.
Purposes of the Research: This research aims to discuss the eradication of illegal fishing crimes in Indonesia from the perspective of Indonesian positive law and Islamic law. This research analyzes several illegal fishing cases that have been decided by the court by applying the ship confiscation penalty as a form of progressive punishment in combating illegal fishing.
Methods of the Research: This study used a normative method with a comparative approach between Indonesian positive law and Islamic law.
Results of the Research: The results showed that the government made a policy by setting up Task Force 115 based on Presidential Regulation Number 115/2015 on the Illegal Fishing Eradication Task Force, which is authorized to prevent and take legal action against illegal fishing criminals. The government issued Law Number 45/2009 on Fisheries jo. Law Number 11 of 2020 on Job Creation (Fisheries Cluster) by applying criminal penalties and administrative penalties. In addition, the government implemented a policy of destroying fishing equipment and foreign fishing boats by submerging them to the ocean. Regarding Islamic law, the policy of combating crime (jarimah) of illegal fishing is also mandated to the government or ruler in a country (ulil amri) because jarimah illegal fishing was classified as jarimah ta`zir. Similarly, the regulation for illegal fishing crimes in which the regulation of law enforcement mechanisms and the types of penalties to be applied are fully determined by the ruler or the state.Keywords
DOI
10.47268/sasi.v31i3.3021
Published
2025-09-30
How To Cite
@article{SASI3021,
author = {Abdul Razak and Eni Suhardini and Sri Chalil and Dani Durahman},
title = {Policies for Combating Illegal Fishing Crimes in Indonesia: A Comparative Study},
journal = {SASI},
volume = {31},
number = {3},
year = {2025},
keywords = {Policies; Countermeasures; Illegal Fishing.},
abstract = {Introduction: Indonesia is an archipelago with an area of 5.8 million square kilometers of marine area and has a tremendous amount of fisheries wealth. However, fisheries in Indonesian seas are often the target of illegal fishing from foreign fishermen. To address this problem, the government has issued various very progressive policies. However, illegal fishing crimes still occur frequently.Purposes of the Research: This research aims to discuss the eradication of illegal fishing crimes in Indonesia from the perspective of Indonesian positive law and Islamic law. This research analyzes several illegal fishing cases that have been decided by the court by applying the ship confiscation penalty as a form of progressive punishment in combating illegal fishing.Methods of the Research: This study used a normative method with a comparative approach between Indonesian positive law and Islamic law.Results of the Research: The results showed that the government made a policy by setting up Task Force 115 based on Presidential Regulation Number 115/2015 on the Illegal Fishing Eradication Task Force, which is authorized to prevent and take legal action against illegal fishing criminals. The government issued Law Number 45/2009 on Fisheries jo. Law Number 11 of 2020 on Job Creation (Fisheries Cluster) by applying criminal penalties and administrative penalties. In addition, the government implemented a policy of destroying fishing equipment and foreign fishing boats by submerging them to the ocean. Regarding Islamic law, the policy of combating crime (jarimah) of illegal fishing is also mandated to the government or ruler in a country (ulil amri) because jarimah illegal fishing was classified as jarimah ta`zir. Similarly, the regulation for illegal fishing crimes in which the regulation of law enforcement mechanisms and the types of penalties to be applied are fully determined by the ruler or the state.},
issn = {2614-2961}, pages = {259--271} doi = {10.47268/sasi.v31i3.3021},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3021}
}
Adam, Panji. “Eksistensi Sanksi Pidana Penjara Dalam Jarimah Ta`zir.” TAHKIM, Jurnal Peradaban Dan Hukum Islam 2, no. 2 (2019): 39–66.
Ambarsari, Karina Tri. “Concept of Illegal Fishing for Indonesian Regulations and UNCLOS.” Yuridika 38, no. 1 (2023): 1–16. https://doi.org/https://doi.org/10.20473/ydk.v38i1.38045.
Andriyono, Sapto. “The Commercial Marine Fisheries of Java and Bali Island, Indonesia.” International Journal of Life Sciences & Earth Sciences 1, no. 1 (2018): 39–48. https://doi.org/https://doi.org/10.31295/ijle.v1n1.12.
Arsana, Made Andi, and Helik Susilo. “Analysis of Legal and Geospatial Aspects of Indonesia’s Forward Position of EEZ (Exclusive Economic Zone) Boundaries of the 2017 National Map in the South China Sea.” Geomatika 24, no. 2 (2018): 69–76. https://doi.org/https://doi.org/10.24895/JIG.2018.24-1.815.
Audah, Abd al-Qadir. Al-Tasyri’ Al-Islâmi Jina’iy: Muqâranah Bi Al-Qanûn Al-Wadh‘I. Juz 1. Beirut: al-Risâlah Mu’assasah, 1992.
Banjarani, and Desia Rakhma. “Illegal Fishing Dalam Kajian Hukum Nasional Dan Hukum Internasional: Kaitannya Dengan Kejahatan Transnasional.” Jurnal Kertha Patrika 42, no. 2 (2020): 150–62.
Bashir, Abdul, Zulkarnain Ishak, and Imam Asngari. “The Performance and Strategy of Indonesian’s Fisheries: A Descriptive Review.” International Journal of Economics and Financial Issues 9, no. 1 (2019): 31–38. https://doi.org/http://dx.doi.org/10.32479/ijefi.7188.
Basri, Hambali Yusuf & Saifullah. “Model Penyelesaian Alternatif Perkara Pidana Pembunuhan Biasa Menurut Hukum Islam Dan Relevansinya Dengan Pembaharuan Hukum Pidana Indonesia.” Jurnal Hukum Ius Quia Iustum of Law 24, no. 1 (2016): 73–93.
Christiani, Theresia Anita. “Normative and Empirical Research Methods: Their Usefulness and Relevance in the Study of Law as an Object.” Procedia-Social and Behavioral Sciences 219 (2016): 201–7. https://doi.org/http://dx.doi.org/10.1016/j.sbspro.2016.05.006.
Della, Rhaptyalyani Herno, and Tanan Kuntasa. “Conflict of Maritime Delimitation in Exclusive Economic Zone (EEZ) between Indonesia and Vietnam.” JMSNI (Journal of Maritime Studies and National Integration) 6, no. 2 (2022): 117–23.
Djalaluddin, Muhammad Mawardi. “The Implementation of Ta’zīr Punishment as an Educational Reinforcement in Islamic Law.” Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, no. 1 (2023): 2549 – 3167.
Efritadewi, Ayu, and Wan Jefrizal. “Penenggelaman Kapal Illegal Fishing Di Wilayah Indonesia Dalam Pespektif Hukum Internasional.” Jurnal Selat 4, no. 2 (2017): 260–72.
Firmansyah, Andi, Herman, and Hamka. “Primum Remedium Dalam Tindak Pidana Korporasi Di Bidang Perikanan.” Al-Ahkam: Jurnal Hukum Pidana Islam 4, no. 2 (2022): 108–25.
Handoyo, Wuri. “Upaya Penegakan Hukum Terhadap Pelaku Illegal Fishing Di Perairan Natuna Kepulauan Riau.” Karimah Tauhid 3, no. 3 (2024): 3564–3582. https://doi.org/https://doi.org/10.30997/karimahtauhid.v3i3.12657.
Handoyo, Wuri, Dadang Suprijatna, and Mulyadi. “Upaya Penegakan Hukum Terhadap Pelaku Illegal Fishing Di Perairan Natuna Kepulauan Riau.” Karimah Tauhid 3, no. 3 (2024): 3564–82.
Hikmah, Mutiara. “Illegal Fishing In Indonesia From The National And The International Law Perspective.” Indonesian Journal of International Law 11, no. 1 (2013): 267. https://doi.org/https://doi.org/10.17304/ijil.vol11.1.267.
Kurniaty, R, and A. Kurniawan. “Another Threat to the Sovereignty of Indonesia’s Territorial Waters: Human Trafficking in the Fisheries Industry.” IOP Conference Series. Earth and Environmental Science 493, no. 1 (2020): 1–7.
Mahmud, Akriani Dewi Bau Sinrang, and Massiseng Andi Nur Apung. “Prospects of Fisheries Industry Development in Indonesia Through Online Publication Media.” International Journal of Applied Biology 5, no. 2 (2021): 117–29.
Marimin, Marimin, Lazarus Tri Setyawan, and RB. Sularto. “Punishment of Illegal Fishing Perpetrators in Indonesia in the Perspective of Equality before the Law.” Sasi 28, no. 2 (2022): 259–67. https://doi.org/https://doi.org/10.47268/sasi.v28i2.971.
Mubarok, Zaki. “Indonesia Legal Analysis of IUU Fishing And Transnational Organized Fisheries Crimes: Loopholes and Proposed Measures.” Indonesian Journal of International Law 17, no. 1 (2019): 13–137. https://doi.org/ttps://doi.org/10.17304/ijil.vol17.1.780.
Muhamad, Simela Victor. “Illegal Fishing Di Perairan Indonesia: Permasalahan Dan Upaya Penanganannya Secara Bilateral Di Kawasan.” Politica 3, no. 1 (2012): 59–85.
Muslim, Shohib, Chalim Abdul, Aliya Afifah Prasetya, and Farida Akbarina. “Omnibus Law: Effectiveness of Online Licensing and Law Enforcement of the Capture Fisheries Sector in Indonesia.” Journal of Progressive Law and Legal Studies 2, no. 3 (2024): 237–53. https://doi.org/https://doi.org/10.59653/jplls.v2i03.1082.
Okon, Etim E. “Hudud Punishments In Islamic Criminal Law.” European Scientific Journal 10, no. 14 (2014): 227–38.
Rachmawati, Lucky, Djoko Mursinto, and Nurul Istifadah. “Fishery’s Potential in Indonesia.” International Journal of Humanities and Social Science Invention 6, no. 2 (2017): 2319 – 7714.
Rosari, Anton, and Yasniwati Yasniwati. “Pengaturan Kegiatan Usaha Perikanan Tangkap Di Laut Territorial Dan Zona Ekonomi Eklusif Indonesia (ZEEI) Dan Kapal Tangkap Ikan Nelayan Di Provinsi Sumatera Barat.” Unes Law Review 5, no. 4 (2023): 2033–54. https://doi.org/https://doi.org/10.31933/unesrev.v5i4.580.
Sari, Catur Desta, and Rifki Khoirudin. “Pengaruh Sektor Perikanan Terhadap Pdb Indonesia.” PJEB: Perwira Journal of Economy & Business 3, no. 1 (2023): 10–22.
Tanjung, Nasir S. Jarimah Dan ‘Uqubah Merupakan Dua Sisi Ta’Zir. Jakarta: Mimbar Agama dan Budaya, 1985.
Tarigan, Azhari Akmal. “Ta‘zīr Dan Kewenangan Pemerintah Dalam Penerapannya.” Ahkam 1, no. 17 (2017): 153–60.
Wardani, Sri Mustika. “Analisis Kasus Illegal Fishing Oleh Warga Negara China Di Merauke Menurut Kejahatan Transnasional.” Jurnal Dwija Kesuma 12, no. 1 (2004): 55–69.
Yaqin, A. “Legal Research and Writting.” Malayan Law Journal SDN BHD 1 (2007): 10.
Yasa, I Wayan Budha. “Modus Operandi Pelaku Illegal Fishing Yang Berdimensi Transnasional Di Indonesia.” Justitia et Pax 39, no. 2 (2023): 443–69.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Policies for Combating Illegal Fishing Crimes in Indonesia: A Comparative Study |
| 2. | Creator | Author's name, affiliation, country | Abdul Kamil Razak; Faculty of Law, Universitas Langlangbuana, Bandung; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Eni Dasuki Suhardini; Faculty of Law, Universitas Langlangbuana, Bandung; Indonesia |
| 2. | Creator | Author's name, affiliation, country |
Sri Mulyati Chalil; Faculty of Law, Universitas Langlangbuana, Bandung; Indonesia |
| 2. | Creator | Author's name, affiliation, country |
Dani Durahman; Faculty of Law, Universitas Langlangbuana, Bandung; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Policies; Countermeasures; Illegal Fishing. |
| 4. | Description | Abstract | Introduction: Indonesia is an archipelago with an area of 5.8 million square kilometers of marine area and has a tremendous amount of fisheries wealth. However, fisheries in Indonesian seas are often the target of illegal fishing from foreign fishermen. To address this problem, the government has issued various very progressive policies. However, illegal fishing crimes still occur frequently.Purposes of the Research: This research aims to discuss the eradication of illegal fishing crimes in Indonesia from the perspective of Indonesian positive law and Islamic law. This research analyzes several illegal fishing cases that have been decided by the court by applying the ship confiscation penalty as a form of progressive punishment in combating illegal fishing.Methods of the Research: This study used a normative method with a comparative approach between Indonesian positive law and Islamic law.Results of the Research: The results showed that the government made a policy by setting up Task Force 115 based on Presidential Regulation Number 115/2015 on the Illegal Fishing Eradication Task Force, which is authorized to prevent and take legal action against illegal fishing criminals. The government issued Law Number 45/2009 on Fisheries jo. Law Number 11 of 2020 on Job Creation (Fisheries Cluster) by applying criminal penalties and administrative penalties. In addition, the government implemented a policy of destroying fishing equipment and foreign fishing boats by submerging them to the ocean. Regarding Islamic law, the policy of combating crime (jarimah) of illegal fishing is also mandated to the government or ruler in a country (ulil amri) because jarimah illegal fishing was classified as jarimah ta`zir. Similarly, the regulation for illegal fishing crimes in which the regulation of law enforcement mechanisms and the types of penalties to be applied are fully determined by the ruler or the state. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | Universitas Langlangbuana |
| 7. | Date | (YYYY-MM-DD) | 2025-09-30 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3021 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sasi.v31i3.3021 |
| 11. | Source | Title; vol., no. (year) | SASI; Volume 31 Issue 3, September 2025 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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