Reconstruction of legal sanctions policy on illegal fishing evidence eradication based on welfare value

Abstract

The fish supply in Indonesia has decreased and one of the contributing factors is Illegal Fishing. Some fishing practices that are classified as illegal and cause overfishing include, fishing vessels that deliberately enter the waters of the Exclusive Economic Zone (hereinafter referred to as EEZ) a country without permission and overfishing, fishing vessels that have obtained permits legally but do illegal actions by moving from a designated fishing ground (violation of fishing ground), the writer discussed the problem in this article with the main problems studied, are the weaknesses of the Legal Sanction Policy on the Elimination of Illegal Fishing Evidence) and How to Reconstruct Legal Sanctions Policy on the Elimination of Illegal Fishing Evidence Based on the Welfare Value of Small Fishermen using dangerous fishing gear (chemical, explosive and biological). The study was studied with the paradigm used in this study is the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach.
Research shows that the Legal Sanction Policy Against Illegal Fishing is Not Yet gave a Welfare for Small Fishermen simply because in implementing this policy still causes "controversy", in the policy of destroying Illegal Fishing seized goods in article 76A, 76B, and 76C. The Weaknesses of Legal Sanctions Policy on the Elimination of Illegal Fishing Evidence, including the destruction of Illegal Fishing confiscated fishing vessels, triggers the problem of bilateral relations between countries, causing pollution to the sea (Marine Pollution) which causes damage to coral reefs, the death of fish and damage to the marine biota ecosystem and high maintenance costs because there is no good coordination between the government and fishermen cooperative institutions that are able to manage it, there are no institutions or agencies that oversee the management of seized ships and there is no lack of utilization of fisheries education and training institutions (Quick Education) that make fishermen are not able to operate the seized ships to overcome this problem, the authors propose legal reconstruction to deal with the problems as mentioned.