Comparative Analysis in the Implementation of Port State Control (PSC) and Port State Measures Agreement (PSMA) in the Preventing IUU Fishing in Indonesia

Abstract

Indonesia implements the prevention of IUU fishing in ports using the PSM Agreement 2009. In its implementation, the Government of Indonesia designated port of PSMA implementing by establishing four ports, namely 3 fishing ports and 1 public port. The diversity of these types of ports has an impact on differences in the implementation of foreign fishing vessels entering Indonesian jurisdiction. This research is descriptive by using normative and comparative juridical methods. The results of this study reveal that the implementation of PSC in ports uses the Tokyo MoU, and fishing ports are determined using the 2009 PSM Agreement. This difference in legal basis causes confusion in law enforcement for IUU Fishing as a party to the PSM Agreement, so that an integrated legal arrangement is needed between public ports which are the authority of the Ministry of Transportation and fishing ports which are the authority of the Ministry of Maritime Affairs and Fisheries.