Tantangan Implementasi UNCLOS 1982 dalam Penanggulangan IUU Fishing dan Overfishing di Indonesia

The management of fishery resources in the Indonesian Exclusive Economic Zone (ZEEI) is based on sovereign rights guaranteed by the United Nations Convention on the Law of the Sea (UNCLOS) 1982. However, the implementation of this legal framework faces fundamental obstacles in overcoming Illegal, Unreported, and Unregulated (IUU) Fishing and overfishing. This study aims to analyze the challenges of the implementation of UNCLOS 1982 in sustainable fisheries management and the effectiveness of law enforcement in the ZEEI. The methods used are legal research with a statute approach, conceptual approach, and comparative approach, which are complemented by factual analysis of enforcement data. The results of the study found that there is a dynamic trend of foreign vessel enforcement (Table 1), which shows a shift in the pattern of violations and supervision from the archipelagic waters/territorial sea area to the EEZ area. In addition, it was found that there is a gap between the determination of the total allowable catch quota and law enforcement in the field which is constrained by imprisonment based on Article 73 paragraph (3) of UNCLOS 1982, the extent of the water area, the limitation of patrol fleets, and the migratory nature of fish stocks across jurisdictional boundaries. The novelty of this research lies in the mapping of a harmonized model of maritime law enforcement that integrates the strengthening of regulations based on scientific data, the use of integrated monitoring technology, as well as a reasonable bond scheme and administrative fines as a solution to the limitations of imposing prison penalties in ZEEI.