Law Research Review Quarterly
Vol. 12 No. 5 (2026): Special Edition Part 1

Illegal FAD Installations: Criminal Law Approaches in Indonesian Philippine Waters

Albri Labaka (universitas hein namotemo)



Article Info

Publish Date
19 May 2026

Abstract

This study aims to explain that fish aggregators (FADs) are fishing aids (ABPI) that are an integral part of fishing vessels. The illegal installation of FADs by Filipino fishermen in the EEZ area is contrary to the 1982 UNCLOS, which states that Indonesia has jurisdiction to take action under Law No. 45 of 2009 on fisheries, using normative research methods, conceptual approaches, and legislative approaches. The study results show that the judge in the trial of the case complies with UNCLOS 1982 Article 73 paragraph (3), which is the basis for fines without imposing imprisonment unless there is a prior agreement between Indonesia and the Philippines. As a result, punishing the perpetrator does not have a deterrent effect, so other actors appear to commit the same crime. The weakness of the Fisheries Law is that it does not regulate the application of additional sanctions. Therefore, with the basic idea of a double-track system, in the future, it is necessary to revise the Fisheries Law with the formulation of additional sanctions in the form of ship sinking sanctions, social work sanctions, and the concept of maximizing fines based on social welfare, with a multi-example system.

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Journal Info

Abbrev

snh

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

The Law Research Review Quarterly has a history and rich vein of legal scholarship, especially for law student, combining distinct publication on the law of Indonesia, as well as Southeast Asia, and prominence within the Faculty of Law Universitas Negeri Semarang, with leading contributions to the ...