Illegal Fishing in Indonesia and the Role of International Maritime Law on Illegal Fishing Action

: Indonesia as one of the largest maritime sources face many challenges, one of is illegal fishing. This study aims to analyze the role of international maritime law and its practices on handling illegal fishing in Indonesia. Thisy study found and confirmed that illegal fishing action or action of foreign fishing vessels entering the territorial waters of Indonesia without permits and exploiting the natural wealth in it, would violate the sovereignty of the State of Indonesia. For that there must be a firm law enforcement in the form of catching foreign fishermen and their ships to be processed legally. The capture of foreign fishing vessels may be justified if they are filled with evidence that the fishing vessel is conducting illegal fishing. Associated with the problem of illegal fishing, the effort of a State that suffered losses is also a thing to be reckoned with. Efforts taken by a State in handling cases of illegal fishing must be regulated in a clear regulation. In fact, the efforts taken by a State with a different State.


I. INTRODUCTION
The  (UNCLOS 1982) divides the sea into three parts. First, the sea which is part of the sovereign territory of a country (territorial sea and inland sea); Second, the sea which is not a sovereign territory of a country, but the country has a number of rights and jurisdictions over certain activities (additional zones and exclusive economic zones); Third, the sea which is not a sovereign territory and is not a right/jurisdiction of any country, namely the free sea. The exclusive economic zone (EEZ) is one of the most revolutionary features of UNCLOS 1982 and has a significant impact on the management and The maritime boundaries set out in the UNCLOS in 1982 include the boundaries of the Territorial Sea (Territorial Sea), the limits of the Exclusive Economic Zone / EEZ (Exclusive Economic Zone), and the limits of the Continental Shelf (Continental Shelf). The clarity of the boundaries of the waters of a State provides benefits to the State itself, which is to help clarify the defense of the State, i.e., to safeguard the possibility of attacks or infiltrations from outside the territory. 2 For a country following UNCLOS 1982 dividing the sea into three types or maritime zones: 1. The sea that is part of the territory of sovereignty (in the territorial sea, inland sea) conservation of marine resources. The EEZ regime regulates unilateral (unilateral) claims to waters by countries in the past, by giving the coastal State the right to explore and exploit, manage and conserve living and non-living natural resources from the seabed and subsoil and water. above it and other activities for the economic exploration and exploitation of the zone, such as the generation of energy from water, ocean currents and wind. Exclusive rights in the EEZ come with responsibilities and obligations. For example, UNCLOS 1982 encourages optimal utilization of fish stocks. In its EEZ, each coastal State must determine the total allowable catch for each fish species and estimate its fishing capacity. See also Stephen C. Nemeth, et al 2. The Sea is not a sovereign territory, but it has the right of jurisdiction over certain activities (in additional zones and exclusive economic zones) 3. The sea is beyond the two above (not including its sovereign territory and not jurisdictional territory), but the country has an interest (such as free ocean).

II. METHODS
The research method used in the discussion of this problem is descriptive method of analysis. The purpose of this method is a method of research that tells and interprets the data, then analyzed.
The purpose of the research descriptive analysis is to identify problems, make comparisons or evaluations and determine what is done by others in the face of a problem. Actual information gathering in detail describes existing symptoms, identifies ongoing problems as they occur or about developing phenomena.
Data collection methos are one of the main elements or components in doing research, meaning that without data will not research, and data used in a study is the right data. Data collection is a step in the scientific method, namely as a systematic procedure, logical, and valid data search process, which is obtained directly for the purposes of analysis and implementation of the discussion, or research correctly, who will find conclusions and obtain answers as an attempt to solve a problem faced by research.
Data collection methods used in this study is literature study, which literature study itself is looking for data that support for penelitia. This is done to obtain data through literature or references related to the issues studied, such as books, magazines, articles, newspapers, government, and non-governmental reports as well as data contained in websites or the internet, which can support the research discussion.

OVERCOME ILLEGAL FISHING IN INDONESIA
According to Brierly International law as a set of rules or principles for do something that binds the civilized nations in their relationships with others. And according to Charles Cheny hyde international Law is a set of laws consisting largely of principles and regulations, regulations that must be obeyed by countries. Therefore, international law must be adhered to in relationships with one another. In the beginning, international law only regulates relations between nations and state as a legal subject. 8 However, it develops the subjects' other laws, such as international organizations and the national liberation movement. In certain cases, international law is suspected of being imposed on individuals, individuals in relation to countries.
The sea can be used by mankind as a natural resource for its livelihood, shipping lanes, defense and security interests and other 8 Albert W. Koers, Konvensi Perserikatan Bangsa-Bangsa Tentang Hukum Laut, (Yogyakarta: Gadjah Mada University Press, 1994). interests. The functions of the sea above have been felt by humanity and have given impetus to the mastery and exploitation of the sea by each country or kingdom based on a conception of international law. 9 The birth of the concept of international sea law can not be separated from the history of the growth of international maritime law that recognizes the difference between two conceptions, namely: first, Res Communis, which states that the sea belongs to the people of the world, and therefore can not be taken or owned by each country; and second Res Nulius, which states that no sea has possession, and therefore can be taken and owned by each country. In the context of the state's sovereignty over the sea, the growth and development of international maritime law after the collapse of the Roman Empire began with the demands of a number of states or kingdoms over a part of the sea bordering its shores for various reasons.
For example, Venetia claims most of the Adriatic Sea, a claim recognized by Pope Alexander III in 1177. Based on his authority over the Adriatic Sea, Venetia collects duties on every ship that sails there.
Genoa also claims power over the Ligurian Sea and its surroundings and performs actions to carry it out. The same is done by Pisa who claims and performs actions on the Thyrrhenian Sea. For the current era concerning food issues that extend also to marine with the potential of its fish, that the current world fishery can no longer be said to be still abundant. Without the concept of environment-based management, it is feared that a very potential resource (as a source of healthy protein and cheap) can be threatened sustainability.

Illegal Fishing: Indonesia and Global Context
Several theories about Illegal Fishing. According to Divera Wicaksono as quoted by Lambok Silalahi that Illegal Fishing is "using Foreign fishing vessels that fish theft or fish illegally can be fined and then the foreign fishermen can be deported to their home country.
Thus the act of burning or drowning of foreign ships is a controversial action, on the one hand Indonesia takes a policy or decisive action in order to maintain the sovereignty of its territory, but on the other hand the policy or action invites reaction from other countries especially the country whose vessel is drowned by Indonesia as opposed to and it is considered as a wrong act, it is not impossible that other countries will reply to Indonesia's firm actions against The illegal fishing action carried out in the territory of the Indonesian state by fishermen from other countries caused a lot of losses in the economic sector especially Indonesia is a maritime country, illegal fishing action is also detrimental to local fishermen who experienced difficulty in fishing in the sea (territorial sea). The action taken by the Indonesian government is with enacting the sinking of vessels for foreign vessels that are suspected of illegal fishing. but the action imposed by the government caused controversy for neighboring countries whose vessels were drowned by the Indonesian government, they assumed that Indonesia had violated the rules of international law regulating the illegal fishing regulated in UNCLOS article 73 paragraphs 1, 2, and 3. but which according to Indonesia itself this action is a form of self-defense in order to maintain the sovereignty of its territory.
Given the rules of the United Nations Conference on The Law of The Sea or UNCLOS which must be obeyed by coastal states and island states that must have marine problems concerning illegal fishing has been contained and regulated in Article 73 paragraph (1) UNCLOS states the coastal state can taking action on board, examining, apprehending and conducting judicial proceedings, as necessary to ensure compliance with laws and regulations. Such action is also deemed to be contrary to Article 73 paragraph (2)

COMPETING INTERESTS
The Authors declared that they have no competing interests.