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18 Indonesian J. Int'l L. 125 (2020-2021)
The Necessity to Reform Indonesian Legal Framework on Provisional Arrangement to Combat IUU Fishing

handle is hein.journals/indjil18 and id is 125 raw text is: Indonesian Journal of International Law (2020), Vol. 18 No. 1, pp. 125-151 https://doi.org/10.17304/ijil.vol18.1.805 THE NECESSITY TO REFORM INDONESIAN LEGAL FRAMEWORK ON PROVISIONAL ARRANGEMENT TO COMBAT IUU FISHING Yunus Husein & Muhammad Faiz Aziz Sekolah Tinggi Hukum Indonesia Jentera, Indonesia Correspondence: yunus.husein@jentera.ac.id Abstract Indonesia has not yet concluded its maritime boundaries with neighbouring countries. Incidents often occur including Illegal Unreported and Unregulated Fishing (IUU) Fishing conducted by fishers from neighboring countries. In fact, their actions are sometimes backed by their /coast guard. Maritime delimitation is the final goal that must be achieved to provide legal certainty over the territory and Exclusive Economic Zone of Indonesia and its neighbours. However achieving that goal is never been easy. Article 74(3) of the United Nations Convention on the Law ofthe Sea (UNCLOS) 1982 determinesjoint or provisional arrangements between disputing countries as temporary solution before reaching agreement on delimitation in EEZ. Indonesia must utilize and optimize this provision in order to combat the IUU Fishing, to protect fisheries resources and to support in achieving maritime boundary delimitation. The state already has the relevant legal and institutional framework to implement the provisional arrangement and, once, had a provisional arrangement with Australia decades ago although in the field ofhydrocarbon. The arrangement was deemed as the most prominent one at that time. The experience of other countries in implementing of provisional arrangement in combating IIU Fishing, protecting the resources and achieving maritime delimitation might encourage Indonesia to utilize and optimize provisional arrangements in disputed areas. Keywords : arrangement, fisheries, maritime, provisional, regulation. Submitted : 30 July 2020 1 Revised : 5 September 2020 1 Accepted : 3 October 2020 I. INTRODUCTION Indonesia is one of the many archipelagic countries in the world. The ar- chipelagic state has 17,504 islands and 16,671 of them were already reported to the United Nations (UN) and verified by it.1 The state has also an area of 1 Biro Komunikasi, Menko Maritim Luncurkan Data Rujukan Wilayah Kelautan Indonesia [Coordinating Minister of Maritime Launches Reference Data on Indonesian Maritime Areas], 10 August 2018, accessed 20 July 2020, https://maritim.go.id/menko-maritim-luncurkan-data- rujukan-wilayah-kelautan-indonesia/. According to Coordinating Minister of Maritime as of 2019 Indonesia has reported 16.671 island while the actual number of Indonesia island is 17.504. See also Aditya Mardiastuti, Indonesia Laporkan 16.056 Pulau Bernama ke PBB [In- donesia reported 16,056 islands with name to UN], Detik News, 5 May 2018, accessed 15 July 2020, https://news.detik.com/berita/d-4005694/indonesia-laporkan-16056-pulau-bernama-ke- pbb. Copyright ( 2020 - Husein & Aziz Published by Lembaga Pengkajian Hukum Internasional