合法恢复、根除非法捕鱼,争取海上主权

Derita Prapti Rahayu, Sulaiman, Esmi Warasshi, M. Abdullah, Yokotani
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引用次数: 0

摘要

海洋水产部长官从就任之初就表现出了击沉非法捕捞船只的勇气。到目前为止,印尼海洋水产部已经在印尼主权领土内击沉了350多艘涉嫌非法捕鱼的大小船只。本文希望从社会法学的角度出发,提出法律上的完善,以使通过沉船消灭非法捕鱼的行为具有牢固的合法性。据信,印尼水域的非法捕鱼犯罪每年给该国造成的损失估计超过400亿印尼盾。这种情况甚至被认为是印尼加速成为一个繁荣国家的障碍。正是因为这个原因,沉船事件被视为捍卫主权的勇气的代表。溺死船只被认为是打击非法捕鱼的战略,特别是通过提高对在印尼水域偷鱼的外国渔民的恐惧。对一些国家来说,船只沉没可能造成重大损失,特别是那些本应能够通过取消赎回权来利用船只的国家的机会。一些人认为,取消抵押品赎回权可能会被黑人企业家利用,与肆无忌惮的执法人员合作。这一机会将由海洋水产部负责。然而,这并不意味着溺水者已经通过了各种法律测试。政府非常重视将造船业与四个相互关联的组成部分联系起来,即生态可持续性、社会文化经济可持续性、可持续海洋法律社区和制度可持续性。恢复的法律,与船只执行的合法性有关,应该能够解决生态恢复目标,不引起社会文化经济问题,对土著人民友好,并考虑制度背景。Keywords-legal恢复;根除非法捕鱼;海上主权。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Restoration Eradication of Illegal Fishing Towards Sovereignty at Sea
There is one courage from the Minister of Marine Affairs and Fisheries from the beginning of the inauguration, ie sinking a boat that catches fish illegally. Until now, the Indonesian Ministry of Marine Affairs and Fisheries has drowned more than 350 ships of various sizes committing illegal fishing crimes in Indonesian sovereign territory. Using the socio-legal approach, this paper wishes to offer legal refinement in order to give a firm legality of illegal fishing eradication through the ship's sinking.Illegal fishing crime in Indonesian waters, believed to have caused losses for this country is estimated at more 40 billion rupias a year. This condition is even believed to be an obstacle in accelerating Indonesia as a prosperous country. It is for this reason that the sinking of the ship is seen as the representative of the face of courage in defending sovereignty. Drowning of ships is considered strategic in order to combat illegal fishing, especially by raising the fear of outside fishermen who stole fish in Indonesian waters.For some, the sinking of vessels could incur substantial losses, especially the opportunities of countries that should be able to utilize ships through foreclosures for the country. Some people believe that the foreclosure could be used by black entrepreneurs who cooperate with unscrupulous law enforcement officers. This opportunity is to be covered by the Ministry of Marine Affairs and Fisheries. However, that does not mean the drowning has passed the various legal tests.The government is very important to link shipbuilding with four interrelated components, namely ecological sustainability, socio-cultural-economic sustainability, sustainable marine law communities, and institutional sustainability.Restored law, related to the legality of vessel execution, should be able to address ecological recovery targets, not to cause socio-cultural-economic problems, friendly to indigenous peoples, and to think about the institutional context. Keywords–legal restoration; eradication of illegal fishing; sovereignty at sea.
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