UNCLOS

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;

G. LINK INTERNET
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14. http://www.puslat.kkp.go.id/puslatweb/berita.php?mod=view&id=NWID000458;