Rekonstruksi Tanggung Jawab Negara Bendera Dalam Penanggulangan Illegal Fishing sebagai Transnational Crime di Laut Indonesia

Abstract

Illegal Fishing is a serious threat to the sustainability of marine ecosystems and the world economy. Its handling has not yet touched the root of the problem. International law still does not provide clear and measurable instruments on how flag states should be responsible for coastal states that are harmed by illegal fishing carried out by ships flying their flags. Reconstruction of flag state responsibility is needed in handling illegal fishing as a transnational crime. This study discusses whether flag states can indeed be held accountable for illegal fishing by ships flying their flags, then how to apply the principle of justice using the concept of flag state responsibility in handling illegal fishing in Indonesia, and what is the ideal concept in handling illegal fishing as a transnational crime using flag state responsibility. This study uses a normative legal method with an analytical prescriptive approach, namely analyzing international agreements and then providing recommendations for the best actions that must be taken by the flag state based on existing illegal fishing cases, examining the history of ship flags, comparing illegal fishing prevention in other countries. This study also uses primary data through interviews with the Head of the Belawan Marine and Fisheries Resources Supervisory Agency (PSDKP). International treaties affirm that flag states are legally responsible under international law, given the legal relationship between flagged vessels and the flag state. This responsibility arises from the principle of nationality, which applies in international law. Combating illegal fishing, a transnational crime in Indonesian waters, does not reflect justice, as fines imposed on foreign vessels cannot be enforced due to the lack of legal mechanisms, cooperation, and international instruments. The use of the concept of flag state responsibility can be maximized and effective in combating illegal fishing because flag states have effective authority and power in prevention and law enforcement efforts. The international community should immediately create clearer and more stringent international provisions regarding the responsibilities of flag states, so as to avoid conflicting interpretations between the interests of flag states and coastal states. Indonesia should be more active in international cooperation in law enforcement efforts against illegal fishing, using the concept of flag state responsibility. The concept of flag state responsibility should become a standard concept at the international level to achieve an ideal and comprehensive model that can be effectively implemented.