MINISTRIAL REGULATION EFFECTIVE MEANS OF CONTROLING FISHERY

The Ministerial Regulation (Permen) No.12 12/2012 and No. 30/2012 which activated exploration of fish resources and law enforcement against crime in fishery Law No. 45/2009. The Directorate General of Marine and Fishery Resources Supervision (PSDKP) would take the necessary security measures as written in the Law starting from the application of United Nations Convention on Law of the See (UN­CLOS) to Ministrial Regulations, “Supervision starts before, during and after operations. When ship de­parts, we check them up and examine the permit. As ship sails, we control. When ship anchors, again we supervise.” The Directorate General of PSDKP, Minis­try of Maritime and Fishery (KKP) Syahrin Abdurrah­rnan disclosed to Business News (15/2).

Legal offense in fishery consisted of wrong­doing in pollution, offense in fish resource destruc­tion and fish catching by using explosives, offense in mismanagement of fish resources and fishery op­erations without permit. Consequently supervision of fish must be in accordance with the permit rules is­sued by the Director General of PSDKP. However, there were still legal loopholes where the Law could not catch fish traders or ship owners, because elec­tronic evidence like photographs could not be used as proof in fishery courts. The Law of Fishery was different from the Law of Corruption Crime (Tipikor). For example in Tipikor recorded phone calls could serve as evident. “Meanwhile transmitters se auxiliary instrument in fish catching are still widely used. We must convince players that they should catch fish according to permit. Transmitters are widely used in operations” Syahrin remarked.

As fish anchored at harbor bringing with them catch, PSDKP would exercise examination. This stipulation was applicable for disembarking at home or abroad. Regulation on examination of catch must be preceded by signing of MoU with the country of disembarkation. Officials would examine validity of permit, auxiliary instruments for fishing etc. to make sure they were legal. “We must have accurate information, if everything is right, we permit the ship to depart. The role of observers for big ships most also comply with the Ministrial Regulation. If a ship of 1000 GT operates, the recruitment of crew (ASK) must be in accordance with the Law of Fishery”.

Business News - February 20,2013