Criminal Law Enforcement Against Illegal Fishing Under Law Number 45 of 2009 on Fisheries

Abstract

Illegal fishing is a serious threat to Indonesia's maritime sovereignty, marine ecosystem sustainability, and national economy. Indonesia has enacted Law Number 45 of 2009 concerning the Amendment to Law Number 31 of 2004 on Fisheries as a criminal law instrument to combat fisheries crimes. However, the existence of strong statutory provisions has not automatically guaranteed effective law enforcement. This study analyzes the implementation of criminal law enforcement against illegal fishing under Law Number 45 of 2009 and identifies the main obstacles faced by law enforcement institutions. This research uses normative legal research with statutory and conceptual approaches. The results show that Law Number 45 of 2009 provides a relatively strong legal basis through special investigative authority, fisheries courts, criminal sanctions, and special measures such as burning or sinking foreign fishing vessels based on sufficient preliminary evidence. Nevertheless, enforcement remains limited by overlapping authority among maritime law enforcement agencies, insufficient patrol infrastructure, weak coordination, sophisticated offender methods, and diplomatic challenges in border waters. Therefore, institutional synchronization, strengthening the role of Bakamla as a coast guard, optimizing satellite-based monitoring, and targeting corporate actors behind illegal fishing are necessary to ensure effective, accountable, and sustainable fisheries law enforcement.