Indonesian Exclusive Economic Zone Research Articles

THE INFLUENCE OF INDONESIAN NAVY DIPLOMACY THROUGH NAVAL PRESENCE ON THE EFFECTIVENESS OF MARITIME OPERATIONS IN THE NORTH NATUNA SEA

The North Natuna Sea is still a hot topic of discussion both nationally, regionally and internationally. The discussion is inseparable from the interest in the potential of natural resources and energy contained therein. The problems with the boundaries of the Indonesian Exclusive Economic Zone (ZEEI) and the territorial claims in the South China Sea (SCS) by China make this problem more complex so that it is necessary to immediately get serious handling to prevent risks and losses for the national interest. The presence of elements of the naval presence in the North Natuna Sea is a form of handling in the field of maritime operations which aims to maintain maritime security and protect the sovereignty of the Unitary State of the Republic of Indonesia (NKRI) from various threats. Through this article, I would like to provide an overview of Indonesian Navy diplomacy through its naval presence in the North Natuna Sea and its influence on the effectiveness of maritime operations carried out based on the results of research using quantitative methods. Naval presence is part of the Indonesian Navy's diplomacy in dealing with the problems that occur as well as an effort to maintain world recognition of the Republic of Indonesia.
 
 Keywords : effectiveness; the presence of elements of the Indonesian Navy, North Natuna Sea; maritime operations

Geopolitical Implication on Contested Waters; Comparison Between Indonesia and the Philippines Strategy to Overlapping South China Sea Waters

Both Indonesia and the Philippines are located in the same region of Southeast Asia. These countries are facing significant threat related to nation’s sovereignty due to overlapping waters to the biggest claimant of PRC (People’s Republic of China) by using Nine-dash line claim. After some failure agreements between region organization of ASEAN (Association of Southeast Asian Nations) through DOC (Declaration on the Conduct) in 2002, several strategies are undertaking in soft politics, renaming several portions of waters under political reasons. West Philippines Sea has been used by the Philippines to enhance sense of belonging and nationalism, meanwhile in Indonesia even though was not active claimant in South China Sea conflict, strategies done quietly recent in 2017 by using North Natuna Sea terms to call Indonesian Exclusive Economic Zone (EEZ) in northern part of Natuna Island which overlapped to China’s claim. Descriptive method through literature study have been used in this research to answer research questions. Some findings in research were even though renaming areas are close related to the political reasons, these actions could uplift capacity in terms of national marine protection, yet Chinese marine surveillance not automatically disappear after renaming those areas respectively. Unending confrontation could hamper bilateral negotiation in the region, meanwhile environmental degradation related to coral ecosystem remain high.

Freies Ermessen of Fisheries Criminal Investigators in Indonesia’s Exclusive Economic Zone (ZEEI)

In law, especially in the field of fisheries, there is a tug of war and overlapping of Freies Ermessen between police investigators and other investigators such as the Indonesian Navy (TNI AL), as well as the Police and Civil Servants (PPNS) themselves as regulated by law certain laws/specifics. Deviations occur because of a shift in orientation from the criminal justice system that prioritizes coordination and integration into subsystems that are centered on each foreign institution that can lead to inter-sectoral interests. The implementation of the Freies Ermessen specifically for PPNS has not been the same or different from the rules stipulated in the criminal procedure code, as a general rule, giving rise to diverse interpretations of civil servant investigators through discretion in the form of inconsistencies and conflicting policy norms. The purpose of this study was to determine Freies Ermessen investigating fishery’s criminal offenses in Indonesia's exclusive economic zone. This research is legal research with the law approach and conceptual approach. The analysis technique in this research was done analytically prescriptive. The results showed that everything related to the application of law in Indonesia's exclusive economic zone must be guided by international sea treaties that are applied to Indonesian laws and regulations, namely the Indonesian exclusive economic zone law because that’s Law is a derivative of the United Nations Conference on the Law of the Sea 1982 (UNCLOS 82). Keywords : Freies Ermessen, Investigators, Indonesia's Exclusive Economic Zone (ZEEI). DOI : 10.7176/JLPG/90-04 Publication date :October 31 st 2019

The Application of CBA and SUG Model for Improving The Quality of Indonesian Navy Human Resources

Indonesia is a maritime nation with 75 % or 5.8 million square kilometers of its area is covered by the sea, including the Indonesian Exclusive Economic Zone / IEEZ and three Indonesian archipelagic sea lanes; Malacca Strait, Sunda Strait, and Lombok Strait affirm Indonesia as the most strategic geographical position. The Indonesian people feel so pathetic to witness the current condition in Indonesian waters since there are many crimes, especially law violations that occurred in the Indonesian maritime territory that could lead to a prolonged polemic and hampers the efforts to build national unity. Ideally, maritime security should be safely guaranteed, meaning that the sea can be controlled, safely used by the users and is free from the threat or disruption to sea-based activities. This research explains about how to improve the quality of the Indonesian Navy personnel human resources serving in Maritime Security Operations Sector through analysis of CBA (Cost and Benefit Analysis) and SUG (Seriousness, Urgently and Growth) Model. The result of this research is improving knowledge and insights of Indonesian Navy personnel on legal matters, particularly maritime security law is very important to endorse the implementation of the vision and mission of the navy.

Crime of Illegal Fishing in Indonesian Exclusive Economic Zone in the Perspective of Economic Crime

The losses arising from illegal fishing in Indonesian EEZ are IDR 101,040,000,000. Economic losses related to fisheries resources are a form of violation in the economic field so that it can be included in terms of crime in the economic field. The problems raised in this study include what are the legal consequences of the crime of illegal fishing in Indonesia’s exclusive economic zone and how it is viewed from an economic crime perspective. This study applies a normative juridical method by reviewing the relevant legal materials of legislation and theories to the results of the research as the following: 1) fishing in the area of the Exclusive Economic Zone, based on jurisdictional theory, can be regulated by the Indonesian state as a sovereign coastal country where the regulation is strictly in accordance with Article 5 of the Indonesian Exclusive Economic Zone Law; moreover, if the obligation to have a Fishing Approval Letter (SIPI) and a Fish-Carrier Ship Approval Letter (SIKPI) is violated, violators will be subject to punishment in accordance with Articles 93, 94 and 94A of Law No. 45 of 2009, 2) losses incurred as a result of the crime of illegal fishing in the Exclusive Economic Zone can be detrimental to the country’s economy in the field of fisheries resources; so, according to the theory of economic approaches and broad economic crime definitions, the crime of illegal fishing in EEZ Indonesia is part of economic crime.

Pengelolaan dan Perlindungan Kawasan Pesisir

Indonesia has a lot of potential such as marine potential, where since the enactment of Law Number 5 of 1983 concerning the Indonesian Exclusive Economic Zone claims that the sea area is 200 miles wide, this adds to the jurisdiction of Indonesian waters as much as 2.7 million km2, therefore it is not surprising if Indonesia is known as an archipelago. In accordance with the nature of the Unitary State of the Republic of Indonesia as a rule of law, the development of a system of management of Coastal Areas and Small Islands as part of sustainable development that has environmental insight must be given a clear, firm and comprehensive legal basis to ensure legal certainty for efforts to manage the Territory Coastal and Small Islands then with the approval of the House of Representatives of the Republic of Indonesia and the President LAW No. 27 of 2007 concerning management of coastal areas and small islands. The legal basis is based on Pancasila and the 1945 Constitution to protect the natural resources contained in Indonesia are state obligations and state duties. This is stated in the Indonesian constitution, namely Article 33 paragraph (3) of the fourth Amendment of the 1945 Constitution which states that the earth and water and the wealth contained therein are controlled by the state, and are used for the greatest prosperity of the people. Based on this background and the results of a review of legislation (20 national laws) and conventions (5 international conventions) that the Indonesian government has ratified relating to the management of coastal areas, the government and the legislature form Law Number 27 Year 2007 concerning Management of Coastal Areas and Small Islands. On June 26, 2007, in its General Assembly, the Indonesian Parliament passed the Law on Management of Coastal Areas and Small Islands (PWP3K). In one chapter, chapter V regulates the utilization given in the form of coastal water concession rights, which is regulated in Article 16 up to Article 22. Management of integrated coastal areas (Integrated Coastal Zone Management or abbreviated as ICZM). Protection and management of coastal areas and small islands are regulated in Article 16 up to Article 20 of Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, namely:: utilization is given in the form of HP-3 covering sea level and water ponds up to the surface of the sea floor, HP-3 is given in a certain area and time, must pay attention to the preservation of ecosystems, indigenous peoples, national interests, and peaceful crossing rights for foreign vessels, HP-3 is given to individuals, legal entities, and communities adat, granted for a period of 20 years and can be extended up to twice, HP-3 can switch, be transferred and become collateral for debt

Efektifitas Penegakan Hukum Terhadap Eksploitasi Sumber Daya Perikanan Di Zona Ekonomi Eksklusif Ditinjau Dari Undang-Undang Nomor 5 Tahun 1983

Indonesia as a coastal country has the right to have the right to do business and exploitation and conservation and management of natural and non-biological natural resources in the Indonesian Exclusive Economic Zone. The obligation to carry out conservation of living natural resources is to determine the amount of catch allowed and determine the limits of sustainable harvests which aim to promote the utilization of the natural resources contained in the Indonesian Exclusive Economic Zone. To find out the implementation of the provisions in the 1982 Sea Law Convention on Exclusive Economic Zones in Indonesian legislation, it is associated with licensing, where licensing can be carried out through utilization so as not to exceed available limits. In addition, it is also the implementation of law enforcement for foreign fishing vessels that violate fisheries provisions in the view of international law and national law in the Exclusive Economic Zone

THE STATE RESPONSIBILITY ON THE IUU FISHING : THE REFLECTION OF THE 2015 ITLOS ADVISORY OPINION ON IUU FISHING AND ITS RELEVANCE TO INDONESIA

Illegal, Unregulated and Unreported (IUU) fishing activities have been widely known as a threat to marine living resources. The International Tribunal for the Law of the Sea (ITLOS) has adopted its advisory opinion on the responsibility and the possible liability of the flag States who committed IUU fishing activities in an area under the jurisdiction of the Sub-Regional Fisheries Commission (SRFC). Other than the Opinion, many international scholars and legal instruments have arisen the same concern, however, the primary source on the Law of the Sea, the United Nations Convention on the Law of the Sea (UNCLOS) is silent in this matter. The issue is very relevant with the current case that encountered by the Indonesian Government with regard to the Chinese-flagged fishing boat, namely Kway Fey 10078, that had been suspected to conduct IUU fishing activities in the Indonesian exclusive economic zone (EEZ). In this particular case, the Chinese coast guard ship assisted the Kway Fey to escape from Indonesian jurisdiction by ramming into Kway Fey 10078. In consequence, the Indonesian Government cannot enforce its jurisdiction upon Kway Fey and the Chinese Government requested Indonesia to release eight Chinese nationals who are detained. This reaction shall question on how international provide legal solutions on how to effectively deal with IUU fishing activities.

Loitering with intent-Catching the outlier vessels at sea.

Illegal, Unreported and Unregulated (IUU) fishing activities pose one of the most significant threats to sustainable fisheries worldwide. Identifying illegal behaviour, specifically fishing and at-sea transhipment, continues to be a fundamental hurdle in combating IUU fishing. Here, we explore the use of spatial statistical methods to identify vessels behaving anomalously, in particular with regard to loitering, using the Indonesian Exclusive Economic Zone (EEZ) and surrounding waters as a case-study. Using Automatic Identification System (AIS) for vessel tracking, we applied Generalized Additive Models to capture both the temporal and spatial nature of loitering behaviour. We identified three statistically anomalous loitering behaviours (based on time, speed and distance) and applied the models to 2700 vessels in the region. We were able to rank vessels for individual and joint probability of atypical behaviour, providing a hierarchical list of vessels engaging in anomalous behaviour. While identification of irregular behaviour does not mean vessels are definitely engaging in illegal activities, this statistical modelling approach can be used to prioritise the allocation of enforcement resources and assist authorities under the United Nations Food and Agricultural Organization Port State Measures Agreement for management and enforcement of IUU fishing associated activities.

PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT

Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.

Trends in derelict fishing nets and fishing activity in northern Australia: Implications for trans-boundary fisheries management in the shared Arafura and Timor Seas

Fishing is the major human activity within the ‘semi-enclosed’ Arafura and Timor Seas (ATS). Since the early 2000’s, Australia’s sparsely populated, remote northern shores have reported very high levels of foreign, fishing-related marine debris. Limited information is available about the temporal and spatial variation of this fishing debris or its origin. We examine trends in derelict fishing nets (and marine debris) at multiple sites in the Northern Territory and Gulf of Carpentaria and, explore its potential origin and relationship with fishing activity in the region. Further, we investigate temporal trends in domestic and foreign fishing activity (legal and illegal) in the ATS and also foreign fishing vessel sightings in the northern waters of the Australian Exclusive Economic Zone (AEEZ). Our results confirm that foreign fishing debris (nets, rope and gear) is the major source of marine debris (63%) on Australia’s northern shores. Over the period 2003–2008, a total of 2305 derelict fishing nets were washed ashore; of these, 89% were identified of foreign origin (i.e. manufacture), compared to 11% attributed to Australian fishing vessels or fisheries. Industrial foreign and Indonesian-flagged fisheries – particularly, illegal, unreported and unregulated (IUU) trawling activity – and small-scale Indonesian IUU fisheries (primarily targeting shark) in the Arafura Sea are likely the major sources of these nets. Derelict nets comprised mostly trawl nets (71%) and gillnets/drift nets (12%); with 95% of all identified net sourced from the nations of Taiwan, Indonesia, Thailand and Korea. Our data also supports consistent under-reporting by these foreign trawl operators in the Indonesian Exclusive Economic Zone (IEEZ) of the ATS.The arrival and increase in derelict nets in northern Australia post-2000 coincided with sharp increases in both industrial foreign fishing (illegal, legal) and Indonesian small-scale fisheries within the IEEZ waters of the ATS. Including, over the period 2000–2007, a 2-fold increase in ‘non-motorised’ vessels, and a 5-fold increase in the number of motorised vessels, particularly in vessels less than 5GT. Further, this major increase in fishing activity in the IEEZ corresponded to a 3-fold increase in foreign fishing vessels (FFVs) (legal, illegal) sightings in northern Australian waters. Within the AEEZ, derelict net loads and sightings of illegal FFVs, both peaked and reached a maximum in 2005 (188kgkm−1yr; 6956 vessels) and then sharply reduced (>80%) following major border control, surveillance and security operations in the northern Australia in 2005–2006. However, post-2007, illegal FFV sightings inside the AEEZ have increased again. Significantly, derelict nets and small-scale IUU fishing activity in the AEEZ is linked to a broader pattern of poverty, overfishing and displacement of small scale fishers in coastal fisheries in the Arafura Sea (and South East Asia), due primarily to the expansion of industrial (illegal, legal) trawl fisheries. Strengthening of regional fisheries management (particularly under the RPOA-IUU) is urgently required to tackle IUU fishing, the key source of fishing debris in the ATS. While fisheries capacity reduction is a critical priority, it needs to be supported by a regional multi-sectoral response framed within the context of food security and rural economic development.

Evaluation of an operational ocean model configuration at 1/12° spatial resolution for the Indonesian seas (NEMO2.3/INDO12) – Part 1: Ocean physics

Abstract. INDO12 is a 1/12° regional version of the NEMO physical ocean model covering the whole Indonesian EEZ (Exclusive Economic Zone). It has been developed and is now running every week in the framework of the INDESO (Infrastructure Development of Space Oceanography) project implemented by the Indonesian Ministry of Marine Affairs and Fisheries. The initial hydrographic conditions as well as open-boundary conditions are derived from the operational global ocean forecasting system at 1/4° operated by Mercator Océan. Atmospheric forcing fields (3-hourly ECMWF (European Centre for Medium-Range Weather Forecast) analyses) are used to force the regional model. INDO12 is also forced by tidal currents and elevations, and by the inverse barometer effect. The turbulent mixing induced by internal tides is taken into account through a specific parameterisation. In this study we evaluate the model skill through comparisons with various data sets including outputs of the parent model, climatologies, in situ temperature and salinity measurements, and satellite data. The biogeochemical model results assessment is presented in a companion paper (Gutknecht et al., 2015). The simulated and altimeter-derived Eddy Kinetic Energy fields display similar patterns and confirm that tides are a dominant forcing in the area. The volume transport of the Indonesian throughflow (ITF) is in good agreement with the INSTANT estimates while the transport through Luzon Strait is, on average, westward but probably too weak. Compared to satellite data, surface salinity and temperature fields display marked biases in the South China Sea. Significant water mass transformation occurs along the main routes of the ITF and compares well with observations. Vertical mixing is able to modify the South and North Pacific subtropical water-salinity maximum as seen in T–S diagrams. In spite of a few weaknesses, INDO12 proves to be able to provide a very realistic simulation of the ocean circulation and water mass transformation through the Indonesian Archipelago. Work is ongoing to reduce or eliminate the remaining problems in the second INDO12 version.

THE ANALYSIS OF FOREIGN-VESSEL SINKING AS AN EFFORT BY THE GOVERNMENT OF INDONESIA TO COMBAT IUU FISHING PURSUANT TO INTERNATIONAL LAW

As an archipelagic state, Indonesia possesses some of the most abundant fishery resources in the world. Geographically, Indonesia’s strategic location makes it a challenge, and it is a shared responsibility for all citizens to preserve and conserve these resources. The strategic location and rich biological as well as non-biological marine resources automatically attract foreign vessels to carry out IUU fishing activities, particularly in the area of ZEEI (Indonesian Exclusive Economic Zone) . The Government of Indonesia has taken various preventive measures to combat IUU fishing practices through bilateral cooperations and various laws. In addition, the Government has also taken some repressive efforts by burning and sinking foreign vessels. In this study, the researcher will analyze the governmental action pursuant to international law and examine the extent to which the sinking of the ship is effective from the perspective of international law. This study will be conducted using normative and juridical approach by reviewing and analyzing various national and international legal instruments related to IUU fishing . We hope that this study will be able to deliver theoretical and practical benefits for students and other researchers who are interested in the issue of IUU fishing practices. Keywords : IUU fishing, marine resources, archipelagic state.

The JADE and WOCE I10/IR6 Throughflow sections in the southeast Indian Ocean. Part 2: velocity and transports

Abstract Velocity and transports are estimated for five recent hydrographic sections and one full-depth velocity section that cross the Indonesian Throughflow in the southeast Indian Ocean between Australia and Indonesia. The sections are: JADE August 1989 and JADE February 1992, both between northwestern Australia and Bali; WOCE repeat sections IR6 April 1995, IR6 September 1995 and I10 November 1995, all between Western Australia to near Sunda Strait, Java. The three WOCE surveys include direct velocity measurements from shipboard and lowered (I10 only) acoustic Doppler current profilers. None of the WOCE hydrographic surveys measured the Indonesian Exclusive Economic Zone between ∼9°S and the Java coast. Concurrent XBT and XCTD observations taken as part of the regular co-located IX1-XBT transect were used to complete the sections. Both the velocity fields and the transport estimates vary widely in magnitude and direction, and reflect the seasonal and the shorter-term variability from the eddy field at the time of each survey. The eddies are found during each of the WOCE surveys in the South Equatorial Current between 14°S–12°S, and have a significant impact on the velocity structure: the mass transport tends to recirculate within the features. The direct current estimates support the finding that the strongest flow across all sections is found within the eddy structures, as well as in the South Java Current that flows along the Java coastline. The semi-annually reversing South Java Current plays an important role in distributing freshwater into and out of the southeast Indian Ocean. The errors and uncertainties of the transport calculations are assessed in terms of salinity variability in the region using different available salinity fields. For the shallow-layer transport, a new mean historical salinity estimate does a good job of reproducing the transports determined from synoptically available fields. However, for deeper reference layers, the presence of the eddies significantly affects the salinity and therefore the transport estimates in the region.