Combating illegal, unreported and unregulated fishing in Indonesian waters: the need for fisheries legislative reform

This thesis addresses one of the contemporary problems facing the sustainability of world's fisheries---illegal, unreported and unregulated (IUU) fishing. As a result of IUU fishing, it is estimated that Indonesia loses revenue in excess of US$4 billion annually. The Indonesian Government has identified IUU fishing as a priority policy issue to be addressed. A number laws, regulations and measures have been adopted by the Indonesian Government to address IUU fishing concerns. The thesis examines how Indonesia addresses the problem of IUU fishing and how it implements international fisheries instruments. The discussion commences by providing a brief overview of the key binding and non-binding international instruments and an examination of the national legal framework to address IUU fishing. Despite the enactment of fisheries laws and regulations, there is still a gap between international fisheries instruments and Indonesia's domestic implementation of such instruments. One of the critical gaps in the effective implementation of its international fisheries obligations to combat IUU fishing is the failure of Indonesia to participate as a full member in existing regional fisheries management organizations. The continuous IUU fishing activities by Indonesian-flagged vessels in areas under the competence of RFMOs also indicates the failure of Indonesia to regulate the activities of its vessels on the high seas. The thesis also demonstrates the major challenge being faced by Indonesia with respect to its institutional framework to deal with the problems of IUU fishing. Indonesia's institutional framework is characterized by multiple institutions at the national and provincial levels, lack of coordination in fisheries-related functions, and conflicts in jurisdiction. The thesis concludes that the national legal and institutional framework is inadequate to combat IUU fishing and that such framework needs to be improved and made consistent with international fisheries instruments in order to ensure long-term conservation and management of fisheries resources.