Misuse Of The Navigation Regime By Foreign Vessels In Iuu Fishing Practices In Indonesian Jurisdictional Waters: A Unclos 1982 Perspective

Abstract

The author employed a normative juridical method comprising statutory, conceptual, case, and international law approaches. Illegal fishing in the territorial sea can eliminate the nature of innocent passage, whereas illegal fishing in the Exclusive Economic Zone (EEZ) constitutes a violation of Indonesia's sovereign rights and is subject to Articles 56 and 73. The obstacles to law enforcement against the abuse of the right of innocent passage by foreign vessels conducting illegal fishing are the limited surveillance facilities and infrastructure, as well as the complexity of proving the nature of innocent passage. The solutions to law enforcement that Indonesia can implement to address the abuse of the right of innocent passage include strengthening surveillance facilities and infrastructure, enhancing law enforcement capacity, educating coastal communities, and pursuing integrated international cooperation.