Pancasila and Law Review (Jun 2022)

The Countermeasures Efforts of Illegal Transshipment Impact as a Transnational Crime

  • Husni Mubaroq,
  • Muhammad Haidir Syah Putra

DOI
https://doi.org/10.25041/plr.v3i1.2568
Journal volume & issue
Vol. 3, no. 1
pp. 49 – 62

Abstract

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Abstract The impacts and drawbacks of transshipment, which threaten sustainable development, underscore its classification as a transnational crime. While legal countermeasures are needed to address transshipment crimes in Indonesia, the practice persists due to the necessity of ensuring fish freshness, which involves time-consuming landing processes. Furthermore, the effectiveness of countermeasures is hindered by the lack of a dedicated agency or institution with comprehensive authority to oversee and act against maritime crimes in Indonesian waters. This article examines the relationship between transshipment and transnational crime and proposes a countermeasures framework. The research findings indicate that transshipment is regulated by both international and national laws but qualifies as a transnational crime due to its cross-border impact and its association with other transnational crimes. Recommendations include establishing cooperation between central and regional governments to enhance marine and fisheries governance and implementing a restorative justice mechanism to address fisheries crime cases, such as transshipment, by requiring offenders to compensate for damages and restore fish resources.

Keywords