Assessing the Effectiveness of Fisheries Courts in Indonesia

Abstract

This article aims to provide comparison viewed from the economic and law enforcement aspect prior to and following the establishment of Special Fisheries Courts. This study combines two methods of research, namely research on normative laws and supported by an empirical study of the law using various sources of data. Data collection was conducted by document search and in-depth interviews.  The findings of this research indicate that Special Fisheries Courts play a rather significant role in the economic improvement of the fisheries sector. However, viewed from the aspect of law enforcement, there has been an increase in crime in the fisheries sector after the establishment of Special Fisheries Courts. Based on the findings and discussion it is concluded that Special Fisheries Courts are yet to be effective in prosecuting criminal acts in the fisheries sector. The limitations and contribution of this research forward to proposes several strategies namely the establishment of Special Fisheries Courts in all areas prone to illegal fishing, extending the jurisdiction of ad hoc judges, and appointing ad hoc judges at the appeals and cassation level.