Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.

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Publication Details

Journal
International Journal of Business Law and Education
Published
2024-10-26
DOI
https://doi.org/10.56442/ijble.v5i2.887
Primary Topic
International Maritime Law Issues
Type
article
Field-Weighted Citation Impact
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article

Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly

Slamet Suhartono, Yovita Arie Mangesti, Hendra Yudha Ardhiansyah
International Journal of Business Law and Education
International Maritime Law Issues
article

Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly

Slamet Suhartono, Yovita Arie Mangesti, Hendra Yudha Ardhiansyah
article en

Abstract

The sea and its resources, especially fishery resources, are a gift from God Almighty for the welfare of all Indonesian people. Based on the state's right to control the earth and the natural resources contained therein, which originates from Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the government must regulate fishery resources for the greatest prosperity of all people. The use of fishery resources is carried out with various legal products ranging from laws, government regulations, and presidential decrees to ministerial rules. Regulations on using fishery resources include prohibiting using trawl nets to catch fish in certain waters. This prohibition aims to prevent damage to the marine environment, ensure the sustainability of fishery resources, and protect small fishermen. However, in its implementation, it is still hampered by the problem of law enforcement, which is hindered by disharmony of regulations, the availability of professional law enforcement officers, and the lack of support for facilities and infrastructure considering the vast area of law enforcement. One thing that is no less important in enforcing the law on the prohibition of the use of trawl nets is the low legal awareness of fishing communities, especially industrial fishermen who only care about themselves without paying attention to the preservation of marine ecosystems, the sustainability of fishery resources, and the protection of small fishermen or traditional fishermen.

International Journal of Business Law and EducationVol. 5(2)
Universitas 17 Agustus 1945 Jakarta (ID), Universitas 17 Agustus 1945 Surabaya (ID)
Openalex Percentile: Top 72%
International Maritime Law Issues
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Law Enforcement on Fishery: Prohibition of Trawl Nets as an Effort to Protect Small Fisherman Fairly — Slamet Suhartono, Yovita Arie Mangesti, et al. · International Journal of Business Law and Education (2024) | TGRS Research Map | TGRS