UNCLOS

UNCLOS AND CHALLENGES LAW ENFORCEMENT INDONESIAN MARINE

BY: H. SANTHOS WACHJOE P, SH.MH

A. INTRODUCTION

The life of society and the state will not be separated from the inter-state relations, both bilateral (relations between the two countries) or multilateral (the relationship between several countries). International relations, other than for the purpose of achieving the national goal of each country, as well as to protect wiayah each country from the aggressive actions of other countries.

History has taught us that Indonesia as a country surrounded by sea which is 70% of the country, Indonesia has been famous as a country that rely on the sea as a means towards the glory of the country. Starting from the emergence of small kingdoms in the archipelago, until finally growing empire Sriwijaya in Palembang and Majapahit in the ground area of ​​eastern Java, these kingdoms made the sea as a place to meet life and livelihood mereka.tetapi sea can also be a means to unite the nation and also as a means of demonstrating the success and progress of a country. Ancient royal era, there is an expression of who controls the seas will rule the world.

This phrase at least proved, when the kingdom of Srivijaya was the golden age, the countless number of expeditions expansion of trade and expanding colony does. It is more severe in terms of mastery of the sea by the Indonesian nation is when the heyday of Majapahit kingdom, which is said memilki not less than 10,000 (ten thousand) pieces of ships of war, not counting the number of vessels trading back and forth to the whole territory of Majapahit and recorded as The second largest sea power after the Mongol Empire in mainland China. The same thing happens in a period of European imperialism, an unknown number of ships in circulation, both warships and merchant ships belonging to the Europeans from different countries who wandered expanding colonies.

A.1. DEFINITION OF SEA

In layman, the sea can be interpreted as a whole series of saltwater that covered the entire surface of the earth, but the meaning of the sea according to the legal definition is a whole sea-related water freely across the surface of the earth.

So it can be interpreted that the sea is a highway that connects transportation to all corners of the world because by sea, the international community and the subjects of international law that have an interest can perform legal acts in terms of shipping, trade to the study of science.

Seafood, other than as a sufficient means of life and livelihood of a people living in a region surrounded by the sea, but the sea can be a symbol of the triumph of a nation or country

A.2. MASTERY OF SEA

In Europe, Since the days of Emperium Roman power is very broad, there is no other nation that dared to oppose the provisions of the Roman Empire, including in terms of mastery of the sea, which was once known two principles are strong, namely Res communis Omnium that the sea is a heritage of belonging with the people man, so man (state) should have it together and on the other hand, there is the principle of res nullius saying that the sea should not be owned.

However, the sea is also true "first come first serve" basis which means anyone who first came he was the master, so that by the power of that era in the independent Roman Middle oceans. After the collapse of the Roman, the law of the sea began to grow rapidly with the emergence of new countries in mainland Europe, and there arose a new problem about who owns the sea among countries developing it.

Law of the sea which is also part of the norm, which according to Arief Sidarta, states that "The word comes from the Latin NORM NORM, shows an order, prescription or order. But this reign is not the only function of a norm for authorizing, permitting and pederogasian is also a function of the norm ". Arief Sidarta goes on to say that "She can have individual properties or general characteristics. He has an individual nature when what is required is a piece of the behavior of certain defined (restricted) individually from a particular person specified by a person, eg the judge's decision, and Norma have common traits, if any defined limits on an individual basis but rather a set of behavior behavior that limits formulated in general terms, such as orders father to son ".

When Norma is formed and serves as a means of regulating the livelihood of people, especially in the relationship among countries in utilizing the sea, then the existence of international maritime law dangat necessary existence so that with the establishment of international maritime law in the form of the International Convention (International Convention), requires each country requiring sea must tunduj and adhere to the provisions of the Convention on the Law of the sea. And thus will apply adegium "equality before the law" or equality before the law and the law will be a role model in community life across the country.

B. HISTORY OF INTERNATIONAL LAW OF SEA

In the context of the country's sovereignty over the sea, the growth and development of international maritime law after the collapse of the Roman Empire begins degan a demand made a number of states or kingdoms over most of the sea that borders the shores reasons are manifold, for example, Venetia claim most of the Adriatic sea, a demands recognized by Pope Alexander III in the year 1177 is based on the authority over the Adriatic sea is, Venetia levy on every ship that sailed there besides Genoa also claims authority over the Ligurian sea and the surrounding areas as well as take measures to implement it and the same thing performed by Pisa that claim and take action on Thyrrhenia Sea.

The power that implemented by states or kingdoms bordering the sea with its beaches is done with the purpose of today might be called the interests of: (quarantine); (2) customs clearance; (3) defense and neutrality.

H.M. Ali Mansur in his Miscellaneous Legal Issues (Problems Agreement, Consumer and Pembaharuaan Law), states that "In a State of Law, the rule of LAW should obtain the proper place, the function of law in material sense which seeks to provide protection for people with memperlaakukan every citizen has the right to work and a decent living for humanity and provide top notch law for everyone. "

Law is a system that is important in the implementation of a series of institutional power. The law will become meaningless if human behavior is influenced by the law and if the public is to use the law to obey his behavior. The law itself is divided into several areas, namely criminal law or public law, civil law or personal law, and procedural law, constitutional law the State, the law of State administration or administrative law state, international law, customary law, Islamic law, agrarian law, business law, and environmental law. Of these laws each have the same goal, which is aimed at ensuring legal certainty in the community and the law must also be based on justice, the principles of justice from the public.

Under international law, known as the inter-state border into the separator from country to country and the international border (international boundaries) can also be classified based on their morphology or the process of formation. Based on the process of formation of the border is divided into two parts:

1. Artifical Boundaries, namely Border which marks the limit is manmade, the installation of this sign is usually done after a negotiation, agreement and Border Pass in the Democratic Republic of Timor-Leste and the Republic of Indonesia in the Prevention of Illegal Border Crossing ", an agreement between countries. These artificial boundaries can usually be stakes, monuments, canals, channels and others;

2. Natural boundaries, which border the boundary formed by the natural process;

3. Antropho-geographic boundaries, which border this type are used to restrict the territories of different languages, customs, religion and so forth are included in the ethnic-cultural background which is a borderless nationality.

In the maritime field, attachment and dependence of a State of the sea causes each country vying for control of the oceans broadest, so it is not surprising that in the century imperialism, the Europeans flocked across the sea in order to get the recognition that the country they were the most severe in oceans so as to take marine products as much as possible. This opens up space disputes between countries, which often also involve armed force of each country that eventually led to the new doctrines of law of the sea mastery, among others:

1. The concept of Open Sea (mare liberium), this concept proposed by Hugo Crotius 1906 from the Netherlands, "mare liberium" This explains that the sea is open and free to sail by anyone;

2. The concept of a closed sea (mare calussum), this concept put forward by John Selden in 1635.Teori was stated in the seventeenth century by the British for opposing theories have been put forward by Grotius. Selden argued that as long as the sea is controlled by a particular country, then the country has power over the sea (closed);

3. The concept of compromise, from both the doctrine above, Pontanus try to combine "liberium mare" and "mare claussum" and suggested that the sea is close to the waterfront of a country (nation) is under the sovereignty of a coastal state and the rest is free sea. So that was the beginning of the opinion of the emergence of an idea known as "territorial waters and the high seas".

4. Theory cannon shot (mare clausum) developed by Cornelis van Bynkershoek stating "terrae protestas finitur finiturarmorum vis potato" or better known as the theory of cannon fire, which states that the width of the territorial sea of ​​a country is a distance of 3 nautical miles. The reason is because the 3 nautical mile is the farthest distance that can be reached by shellfire.

Several world-level meeting that discussed about the management of the sea have been made, including:

1. The Hague Convention 1930:

The conference is aimed at forming a codification of international law, initiated by the League of Nations, which includes 3 important things are:

            - The territory of the (nationality)

            - Territorial sea (territorial waters)

            - The right of innocent passage

2. Truman Proclamation 28 September 1945:

Background underlying Truman Proclamation release are:

a. The number of independent state or declare independence;

b. Technology advances ;

c. Many countries are aware of the sea as a natural resource potential.

In essence this proclamation catapult new understanding about the regime Continental Shelf (Continental Shelf). According to Truman, the continental shelf is a natural continuation of the land area with the aim of securing and backing up natural resources and control over natural resources beneath the absence of effective occupation.

3. Geneva Convention of 1958 (UNCLOS II):

The conference resulted in 4 of the Convention, namely:

           - Convention on the territorial sea and contiguous zone

           - Convention on the high seas

           - Convention on fishery and protection of biological richness

           - Convention on the continental shelf

Based on the 1958 Geneva Convention, then:

a. State of the geographical aspects divided into two locked countries and coastal countries;

b. the sea is divided into several zones, namely:

o the territorial sea (territorial sea), the width is still under customary international law 3, 4, and 6 miles;

o inland waters (internal water)

o additional zone (contiguous zone)

o seas (high sea)

o seabed area and the land under it, namely the continental shelf (continental self)

4. The United Nations Convention on the Law of the Sea (UNCLOS 1982):

This Convention was ratified on December 10, 1982, in montegobay, Jamaica. Under the Convention produced some important decisions, namely:

a. State of the geographical aspect is divided into three: Negar locked, coastal countries and island states

b. Marine division is divided into several zones, namely:

c. territorial sea (territorial sea) as far as 12 miles from the baselines (baseline):

o inland waters (internal water);

o additional zone (contiguous zone) 24 miles from the baselines;

o waters of the archipelago (archipelagic water) measured from the outermost points of the outermost islands an archipelago;

o the exclusive economic zone (exclusive economic zone) 200 miles from the baselines seas (high sea);

o seabed areas: the continental shelf and the region.

UNCLOS (United Nations Convention on the Law of the Sea / UN Convention on Maritime) III which lasted from 1973 until 1982 and the Convention on Law of the Sea defines the rights and responsibilities of the state in the use of the world's oceans and sets guidelines for businesses, the environment, and the management of marine natural resources. Kesimpulkan convention in 1982, replacing an international treaty on the sea in 1958. UNCLOS enacted in 1994

The concept of the continental shelf, was first proposed by the United States in the International Law of the Sea Convention of 1958 that the President of the United States (US), Harry S. Truman, who first proclaimed. Precisely post-World War II, on September 28, 1945. "Whereas the Government of the United States of America, aware of the long-range world wide need for new sources of petroleum and other minerals, holds the view the Efforts to discover and the make Reviews These new supplies of available resources should be encouraged ... "said President Truman started the proclamation which the concept of the continental shelf in the law of the sea is not related to the mineral wealth in the seabed but related to the biological richness or fisheries. Definition of the continental shelf was first introduced by Odon de Buen a Spaniard in Fisheries Conference in Madrid in 1926 and the conception of the continental shelf raised by fisheries based on the assumption that the waters above the continental plateau is an excellent waters for fish life.

International Law of the Sea Convention or the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, provides the opportunity for the coastal States to perform a review of the area of ​​the continental shelf up to 350 nautical miles from the baselines. Under the provisions of UNCLOS given distance is 200 nautical miles, then the appropriate conditions in Indonesia has sought to make submissions (submission) to the UN of Indonesia in the continental shelf beyond 200 nautical miles.

In the theory of international law, there are several schools of thought which influenced the enactment of International Law in the National Legal System in the State. The development of theories of international law can not be separated from the ever increasing needs of a State or on the sea and the resources contained in it, even a State which naturally can not have the sea, for example Switzerland or Austria, still need the sea, in addition to the need for resources that is in the sea, in order to maintain the existence of the country is still in need of the sea.

Among the theories of international law which develop from time to time are:

a. Theory of Natural Law / Law of Nature

In the theory of natural law is very strong religious characteristics, but after that by Grotius released from his relationship with the religious. Here the law of nature is defined sebagia ideal laws based on human nature as a creature who understands or unit inspired rules of nature in human reason. Weaknesses Natural law theory is very vague and depends on the subjective opinions of concerned about justice, the interests of the international community and other similar concepts.

b. Volition Theory of State (state will theory)

This theory explains that it is the state that is the source of all law and international law binding on the will states that want to subject themselves to international law. The weakness of this theory is not able to answer a question, why is a new country, since the rise in the international community is already bound by international law, regardless of want or not he wants to submit to him.

c. The willingness of the Joint State Theory (Common Will Theory, Vereinbarung Theorie)

This theory basically states that international law is binding on those countries not because of the will of each country to comply with international law, but rather because of the existence of a common will for the countries subject to international law. A common will is called vereinbarung. The weakness of this theory is the basis of binding force of law based on the will of the subject of law was not acceptable.

d. Legal norms (sect Vienna)

This theory explains that, essentially tying the basis of international law is not the will of the state, but based on legal norms. A rule is basically based on the rules of higher thereon so did so. And everything is returned to the basic rules, and the basic rules adopted by these schools go round the principle "pacta sun servanda". The weakness of this theory is unable to explain why the basic rules itself binding. This resulted in a system that was logically be hung in the air, because it may not issue binding force of international law it shares based on a hypothesis.

e. Fait Social (Mazhab France)

French schools of basing tied to a law including international law on biological factors, social and human history which they named "the facts of international" (fait social). So the basis of binding force of international law contained in the social reality that bind law is absolutely necessary, to be able to fulfill the needs of people (nation) to society.

f. The views Starke

According starke basic elements that reinforce the mandatory rules of international law is the empirical fact that countries are willing to insist on their rights according to the rules of the country which he considers should obey the rules. In other words, at least to some extent, the problem of international legal binding force eventually melt himself into trouble is not that different from the problem of the nature force of law in general.

From the theories of the International Law, presumably to date no country that adheres purely from one of these terori, because changing times requires States parties to be active in the protection and management of the sea and the resources contained therein. Therefore, each country tends to adopt some of these theories once in, the implementation of marine protection.

 Against an International Convention, when a country has ratified an International Convention, means that the state has recognized the International Convention on them and automatically International Convention will be directly applicable as the National Law of the country but in practice, particularly in Indonesia, the international Conventions that have been ratified do not automatically apply as Indonesian Law, but determined beforehand in the form of legislation which is then treated as national law. An example is Act No. 15 of 2002 amended by Law No. 8 of 2010 on the Prevention and Combating of Money Laundering (Money Laudering) which is a manifestation of the International Convention of the United Nations Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and Act No. 21 of 2007 on the Eradication of Trafficking in Persons (Human Trafficking) which is a manifestation of the International Convention on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against transnational Organized Crime in 2004.

In the international marine law as contained in UNCLOS III, which lasted from December 1973 until December 1982. The agreement reached during the UNCLOS convention I summarized in the following four:

1. Convention on the High Seas, namely the Convention on the High Seas. The Convention on the high seas begin by defining the high seas to be, While this dichotomy reflects the thinking of a more-or-less traditional "all parts of the sea that are not included in the territorial sea or in inland waters of a State." At that time, it was converted into tripartite division during UNCLOS III - the territorial sea, exclusive economic zone and the high seas. The Convention on the high seas continued to define certain liberties have been taken for granted: freedom of navigation, freedom of fishing, freedom to lay submarine cables and pipelines, and the freedom of overflight. An important caveat to these freedoms is a provision that at least in the case of fishing rights, this warning marked a significant "they must be conducted with respect to the fair to the interests of other countries in their exercise of the freedom of the high seas." Departures from the standpoint Grotian that the high seas are res nullius.

2. Convention on the Territorial Sea and the Additional Zone, namely the Convention on the Territorial Sea and the Additional Zone. Article 1 of the Convention explicitly states, "The sovereignty of the State extends, beyond the area of ​​land and water internally, to belt the sea adjacent to its coast, described as the territorial sea." Despite the consensus codification Den Haag 1930 Conference was that the sovereignty of the coastal state expanded into marine areas , this is the first codification of this concept in an international agreement.

3. The Convention on the Continental Shelf, which basically follows the convention of the main Truman Proclamation and the subsequent claims the Middle several Latin American countries. The Convention defines the continental shelf as "the adjacent seabed and subsoil of the area under the sea to the coast but outside the territorial waters, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the area the "and" the seabed and the land under it from the area under the same sea adjacent to the coast of the islands. "According to this convention, coastal states over the continental shelf sovereign rights for the purpose of exploring and exploiting its natural resources. Natural resources are defined to include non-living resources, such as minerals, and "living organisms belonging to the species settling, saying, organisms which, at the stage of cut, either moving on or under the seabed or unable to move except in physical contact constant with the seabed or the subsoil. "The Convention specifically states that" the rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas, or that the airspace above those waters. "One of the elements troublesome change convention on the continental shelf out to be a problem settling species. Several years after the adoption of the convention, a dispute arose between France and Brazil on lobster harvesting in the Brazilian continental shelf. Japan also refused to recognize the crab as species settled. Problems persist species eventually become moot with the creation of the 200-mile exclusive economic zone by UNCLOS III.

4. Convention on Fishing and Conservation of Natural Resources High Seas, namely the Convention appears to be driven by two basic problems, first, the issues of over-exploitation, it is expected that pressure from coastal states to extend their territorial sea may be reduced and the second , countries that have signed an agreement to preserve certain stocks want the agreement to be recognized in the convention. Unfortunately, the convention has many shortcomings and in a short time replaced by state practice.

Of UNCLOS III stretcher, then was born the Declaration Juanda 1962 as an answer to the recognition of the sovereignty of the Indonesian sea as island countries that have the Exclusive Economic Zone (EEZ) of 200 nautical miles from bibr beach and the zone of sovereignty ynag an Indonesian waters as far as 12 nautical miles from shoreline and protect resources in the sea terkadung behalf of the citizens of Indonesia. It is then manifested in Law No. 45 of 2009 on Fisheries which is an amendment to Act No. 31 of 2004. On the basis of Law No. 45 Year 2009 on the fisheries, maritime law enforcement efforts nationwide enforced. Law Enforcement and the process is essentially a process to execute a legal product in the form of legislation, both the Act and the regulations perudangan underneath. An Act will not be able to run properly if Enforcement law is the officials who did not understand the essence of the Act being operated. So that, making the need for law enforcement authorities are really qualified in carrying out his duties.

Law enforcement is the center of the whole "life events" law from the planning law, law-making, law enforcement and legal evaluation. Law enforcement is essentially an interaction between the various human behaviors that represent different interests within the framework of the rules that have been agreed. Therefore, law enforcement can not be solely considered as the process of implementing the law as the opinion of the legalistic.

Law enforcement should be consistent so that people understand, where and where NOT LAW LAW. As part of the process of social, enforcement of legal certainty it rests on two (2) main components, namely:

1. The law must be able to provide certainty in orientation to the community. In this case the known certainty; namely Certitudo orientation or Orientierungssicherheit, that people understand, how the behavior expected by others thereof and the response is what they can expect from others it was to the behavior;

2. Certainty in the application of the law by law enforcement, Do not let this happen that once a legal provision is implemented, but other times the same requirements are not implemented. There is a principle which is Securitas or Realisierungssherheit is the principle of legal certainty reality that allows people to rely on the calculations, that the norms in force is respected and implemented, court decisions sincerely held and agreements are adhered to.

Judge as restated in Law Number 48 Year 2009 regarding Judicial Power has mentioned in Article 1 paragraph 1 that "Judicial Power is the power of a sovereign state to conduct judiciary to uphold law and justice based on Pancasila and the Constitution of the Republic of Indonesia in 1945, for the implementation of the State Law of the Republic of Indonesia "and Article 1 paragraph 2, which states" the Supreme Court is the judicial power executors as defined in the Basic Law of the Republic of Indonesia year 1945 ".

C. CHALLENGE LAW ENFORCEMENT FOR INDONESIAN SUPREME OF COURT

Judicial duties is the task of prosecuting one part of the judicial process in an integrated manner is the duty of a judge, both at the Court of first instance, court of appeal and in the Supreme Court, but often judicial duties is not well understood by the judge, so seroang Judges must understand their duties, namely:

1) Mengkonstatir is stated in the Minutes of Hearing and in case his seat on the judge's decision. Mengkonstatir is done by first looking at the subject matter and then admit or justify the events proposed, but previously had held the proof in advance;

2) Mengkualifisir are set forth in the legal reasoning in the decision letter. This is an assessment of the events of the evidence, facts or events of legal facts and find legal;

3) Mengkonstituir is stated in the decision letter. Phase three is the determination of the law or a constitutional provision against the case.

In the law enforcement national marine, although Indonesia has ratified UNCLOS III, by Act No. 17 of 1985, but until now the government of Indonesia has not ratified the convention STCWF 1995 which is a derivative of UNCLOS III governing membership of the sailors as evidenced by the certification kepelautan international standard STCWF 1995 to acquire the rights and obligations of national and international, so the sailors can compete with other foreign sailors and positions the master or officer on ships - ships abroad. Ratification of the 1995 STCWF aims to:

1. To improve the standard of education, training, certification and guard duty for fishing boats;

2. Positioning the crew of fishing boats in order to gain recognition and job opportunities at the international level;

3. To increase the quality of the marine environment by engurangi occurrence of marine pollution due opersioanl fishing vessels;

4. Improving the quality of fishing by applying governance responsible fishing;

5. To improve the safety of life at sea treasures.

Ratification STCWF 1995 is expected to limit the entry of foreign crew members who do not have the competence to be working in the Indonesian fishery ship and the condition is very much in line with the policy of the Ministry of Maritime Affairs and Fisheries (MMAF) contained in Peppermint 56 and 57 in 2014.

Besides not ratified STCWF 1995, p yag others in law enforcement sea in Indonesia, is the absence of sepemahaman among law enforcement in Indonesia, especially the understanding of UNCLOS specifically in Article 73 regulate law enforcement can be done by the coastal State to a breach of the region sea. Learn Article 73 of UNCLOS states:

Article 73

Enforcement of laws and regulations of the coastal State

(1) The coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the source of biological richness in the exclusive economic zone, take such measures, including boarding, check, capture and perform the judicial process, as necessary to ensure compliance with laws -undangan which it adopted in accordance with the provisions of this Convention;

(2) The ships were captured and their crews must be immediately released after being given a decent bail or other forms of collateral;

(3) Penalties imposed against the coastal State violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, if no contrary agreement between the States concerned, or any form of corporal punishment;

(4) In the event of the arrest or detention of foreign vessels the coastal State shall promptly notify the flag State, through appropriate channels, of the action taken and of any penalties subsequently imposed.

Often there is a contradiction between the law enforcement agencies with regard to the arrest of fishing vessels with foreign flags in the Exclusive Economic Zone (EEZ). Some argue that the capture foreign ships and response to initial the ship, according to Article 73 paragraph (3) should not drop criminal prosecution bodies including the confinement but some argue that the nature of the confinement is different from that imprisonment is a criminal prosecution body. It is that often cause many different decisions between marine case with each other marine case, although the substance was tried was the same.

Another thing that is also a problem, particularly in the field of justice, is the lack of Judges who have qualified fisheries and also the need for the establishment or formation of a new Fisheries Tribunal so that all case management of fisheries is more dispersed and evenly so as to facilitate and expedite the handling of the case of fisheries.

The attention of the Supreme Court of the existence of Fisheries Tribunal is necessary, given that currently being pursued law enforcement against criminal acts of poaching (illegal fishing) in Indonesian waters, which causes the loss of trillions of rupiah. The Supreme Court needs to be more assertive against the perpetrators of the crime of illegal fishing, including in the event that in Act No. 45 of 2009 on Fisheries which is an amendment of the Act No. 31 of 2004, against the perpetrators of illegal fishing in the Exclusive Economic Zone ( EEZ) in the waters of Indonesia are carried out by foreigners (WNA) shall only be fined but the penalty was not accompanied by a "means of coercion" of criminal replacement in the form of imprisonment that can be used as a means of coercion to foreign nationals who commit illegal fishing in the Exclusive Economic Zone (EEZ) in the waters of Indonesia.

The absence of imprisonment as a means of coercion for foreign citizens to pay a fine as a penalty for the relevant because doing illegal fishing in the Exclusive Economic Zone (EEZ) in the waters of Indonesia, causing judicial decisions in particular the decision of the Supreme Court into a "toothless" because it does not can be executed by the Attorney / Prosecutor General as the executor of the execution of the judge's decision. It needs a clear concept of the criminalization of foreigners who commit illegal fishing in the Exclusive Economic Zone (EEZ) in the waters of Indonesia. It should also be noted that the perpetrators of the theft of fish is often supported by the corporation in terms of providing capital goods and equipment, so it would need to Supreme Court gave understanding to the judges in the area especially judges certified fisheries to also impose sanctions of punishment against corporations that make fish theft primary in in the Exclusive Economic Zone (EEZ) in the waters of Indonesia.

D. CONCLUSION

From these descriptions above, it can be concluded as follows:

1. The Supreme Court of the Republic of Indonesia and judicial bodies under an entity carrying on Judicial Power in Indonesia should pay attention to the government's efforts to eradicate illegal fishing, especially those committed by foreign nationals (foreigners) in the in the Exclusive Economic Zone ( EEZ) in the waters of Indonesia;

2. There should be equitable existence Fisheries Courts and judges are certified fisheries in an effort to enforce a criminal act of illegal fishing;

3. Law enforcement of the crime of illegal fishing could not be carried out regardless of UNCLOS III which have been ratified by Indonesia;

E. CONCLUSION

This brief article is probably not enough inside to disseminate complete the UNCLOS and Fisheries Law Enforcement Challenges in Indonesia, but at least shed some light on obstacles to the enforcement of fisheries in Indonesia.

READING LIST F.

1. Sidarta Arief, Law and Logic, 1992, Publisher Alumni, Bandung;

2. M. Ali Mansour, Miscellaneous Legal Issues (Problems Agreement, and Pembaharuaan Consumer Law, in cooperation with Publisher Publisher Unisula Terrace, 2010;

3. Budioono Kusumohamidjojo, Philosophy of Law (Order problematic Fair), Publisher CV. Mandar Maju - Bandung;

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