Delivered by:Dr. Yunus Husein S.H., LL.M

Deputy Head of Task Force on the Prevention, Deterrence and Elimination of IUU Fishing of Republic of Indonesia

In The Symposium on FishCRIME, 12-13 October 2015, Cape Town, South Africa

INDONESIA’S APPROACH IN TACKLING FISHERIES CRIME

STRATEGY ON COMBATING IUU FISHING AND POST MORATORIUM POLICIES PLAN

Joko Widodo, President of Indonesia20 October 2014

"We have to strive to restore Indonesia as a maritimecountry. The oceans, the seas, the straits and the baysare our future. We have been turning our backs onthem for far too long. Now is the time to restore alluntil we achieve Jalesveva Jayamahe; in our seas weare triumphant."

INDONESIA AS A GLOBAL MARITIME AXIS

INTERNATIONAL & NATIONAL INSTRUMENT

INTERNATIONAL INSTRUMENTS ON IUU FISHING

1995 2001 2007 2012

International standard and

principle for country and

business actors on the

implementation of

sustainable fishery catch

All FAO Member

Countries

8 agreed provisions

Indonesia as

country member

Applied in Indonesia

Minister’s Decree

No.50/MEN/2012

regarding the National

Action Plan on the

Prevention and

Elimination Illegal,

Unreported, and

Unregulated Fishing

FAO CODE OF

CONDUCT FOR

RESPOSIBLE

FISHERIES (CCRF)

IPOA

INTERNATIONAL

PLAN OF ACTION TO

PREVENT, DETER,

AND ELIMINATE

RPOA

REGIONAL PLAN OF

ACTION TO

PREVENT, DETER,

AND ELIMINATE

NPOA

NATIONAL PLAN OF

ACTION TO

PREVENT, DETER,

AND ELIMINATE

11 country member

11 agreed provisions

Indonesia as country

member

INTERNATIONAL INSTRUMENTS ON IUU FISHING

• Indonesia has ratified Palermo Convention

through Law No. 5 of 2009

• IUU Fishing can be categorized as

transnational organized crimes (UNTOC),

with typology as follows:

(1) It involves more than one country and

committed in an organized way;

(2) It should be classified as serious crime;

(3) Its product aimed to be exported

• Indonesia’s MOMAF and MOFA currently

conducting assessment of international

support through UNODC representative in

Indonesia so that IUU Fishing can be

categorized as TOC and become one of

the convention in UNODC

THE UNITED NATIONS CONVENTION ON TRANSNATIONAL ORGANIZED CRIME (PALERMO CONVENTION)

THE NORTH ATLANTIC FISHERIES INTELLIGENCE GROUP (NAFIG)By Skatteetaten and Advisory Group

• In 2013, NAFIG has produced OECD

report titled “Evading The Net: Tax Crime in

the Fisheries Sector”

• It raised awareness about how important

to combat tax crime in fishery crime

through strengthen the cooperation

between ministries/institutions.

• Directorate of Tax of Republic of

Indonesia as the member of Indonesia

Task Force on Anti-IUU Fishing, currently

examining financial and tax report of 187

vessels owner (Analysis and Evaluation).

This examination aims to ensure the truth

of payment and tax report given by vessel’s

owner.

Moratorium for ex

foreign fishing

vesselMinister’s Regulation 56/2014

Ban on

TranshipmentMinister’s Regulation 57/2014

Ban on using

seine net and

trawlMinister’s Regulation 02/2015

Establishment of Task

Force to Prevent and

Combat IUU Fishing

Sink captured IUU

fishing vessels

Strengthening law enforcement:

- Enhance the coordination with navy, water police,

coast guards, tax administration office, and Financial

Intelligence Unit

- Application of corporate criminal liability

- Imposing administrative sanctions (based on the

findings in the audit compliance)

Compliance

Audit

of 1,132

ex-foreign

vesselsMaritime

Power

“Sovereignty,

Sustainability

and

Prosperity”

ACTIONS TO PREVENT AND COMBAT IUU FISHING

IN INDONESIA

Roadmap to Improve

Governance of Fisheries

Business

GO

OD

GO

VE

RN

AN

CE

Task Force on Prevention and Eradicationof IUUF (established by the Minister ofFisheries and Marine Affairs)* Conduct analysis and evaluation of 1.132

ex-foreign vessels (legal due diligence) anddevelop legal consequence analysis (percompany and vessel)

Develop, monitor and/or implementrecommendations resulted from analysisand evaluation

Conduct fisheries license governancereform (national and regional level)

Monitor enforcement practices on IUUFishing and provide technical assistance forenforcement officers on cases basis

Develop integrated and comprehensiveenforcement guidelines on IUUF

Strengthen coordination amongenforcement agencies by developingonline case tracking system on IUUF

Task Force on Eradication of IUUF (establishedby the President) Strengthen the enforcement capacity and

effectiveness to combat IUU fishing byestablishing joint enforcement task force whichincludes KKP, Navy, Police, Coast Guards, andPublic Prosecutors

Utilize the existing forces including warship,airborne, and other appropriate technology forsurveillance and enforcement purposes

Regular patrol (including airborne surveillance)conducted by joint task force to detect IUUfishing activities

IUU FISHING TASK FORCES IN INDONESIA

*Inter-agency coordination in which consists of 10 members from ministry/agencies

ANALYSIS AND EVALUATION (ANEV) OF 1.132 EX- FOREIGN VESSELS IN INDONESIA AND ROAD MAP TO IMPROVE GOVERNANCE OF FISHERY BUSINESS

100% EX-FOREIGN VESSELS VIOLATED THE LAW

ANALYSIS AND EVALUATION (ANEV)ADMINISTRATIVE SANCTIONS

IMPLEMENTATION

Severe Violation : 769 vesselsAverage Violation : 363 vessels

+

1.132 vessels

BUSINESS LICENSE: 15FISHING LICENSE: 245REEFER LICENSE: 31

REVOCATION

FISHING LICENSE: 35REEFER LICENSE : 26

SUSPENSION

FISHING LICENSE: 47REEFER LICENSE: 48

WARNING

• Mandated by:1. Indonesia’s Minister Regulation No. 56/PERMEN-KP/2014 on

the Moratorium of Ex Foreign Fishing Vessel2. Indonesia’s Minister Decree No. 26B/KEPMEN-KP/2015 on

the Analysis and Evaluation of Ex Foreign Fishing Vessel

• Was conducted for 7 months (March – October 2015)

• Total 1.132 vessels and 187 vessel owners distributed in 33 base ports

ANALYSIS AND EVALUATION RESULT

100% EX Foreign Vessels VIOLATED the law

I. Maluku (± 240 vessels)1. Employing foreign captain/crews (around 95%)2. Double flagging3. Deactivation of VMS4. Vessels’ position are unknown (the vessels are indicated already returned to its origin countries)5. Illegal solar 6. Human trafficking and Forced labor

II. Papua (± 140 vessels)1. Employing foreign captain/crews (around 80-

90%)2. Double flagging3. Deactivation of VMS4. Illegal solar 5. Catching protected and endangered fishes6. Illegal export of endangered species out of

Indonesia7. Illegal import of goods to Indonesia8. Forced labour (indication)

IV. West Papua (± 90 vessels)1. Employing foreign captain/crews (around 80-

90%)2. Deactivation of VMS3. Double flagging4. Vessels’ position are unknown (the vessels are

indicated already returned to its origin countries)

III. Riau Islands (± 60 vessels)1. Vessels’ position are unknown (the vessels are

indicated already returned to its origin countries)

2. Double flagging3. Deactivation of VMS4. Companies/owner did not submit any

documents to be audited

V. Sulawesi Utara (± 200 vessels)1. Employing foreign fishing master /

engineer (around 20%)2. Mark down3. Deactivation of VMS

VI. Bali (± 150 vessels)1. Employing foreign fishing master /

engineer (around 5-10%)2. Mark down3. Deactivation of VMS

COMPLIANCE MAP

The Way Forward: Roadmap to Improve Governance of Fisheries Business

11

Improvement of vessel registration system

based on good governance principle

Inclusion human rights traceability in addition to food safety and IUUF traceabilities

Strengtheningcapacity port state

controls

Improvement of catch and trade reporting / documentation

(inc. tax fraudprevention)

Improvement of surveillance system

Comprehensive and integrated enforcement and compliance

policy on IUUF, which introduces multi legal disciplinary approach

(multi-door)

Strengthening cooperation in regional and

international level (inc.RPOA and with Interpol)

Improvement of fishery license governance

based on good governance principle

and fish stocks

NUMBER OF VESSELS SUNK BY THE MINISTRY, THE NAVY, AND THE POLICE OF THE REPUBLIC OF INDONESIA

CHALLENGES, IUUF MODUS & CASES IN INDONESIA, HUMANTRAFFICKING AND MULTI-DOOR APPROACH

Lack of coordination among law

enforcement agencies

Conventional Approach

(SINGLE DOOR)

Lacking 3 (three) abilities:

Ability to detectAbility to respondAbility to Punish

Corruption in Judiciary

System and Bureaucracy

CURRENT LAW ENFORCEMENT CONDITION IN MARINE AND FISHERY IN INDONESIA

Deficiencies of law enforcement

IUU FISHING CASES IN INDONESIA (1)

HAI FA CASE

IMO : 7818561

MMSI : 371295000

Call sign : 3 EAY

AIS TYPE : Cargo

Gross Tonnage : 3830

Deadweight : 4258 t

Length x Breadth : 107x 16.12m

Year build : 1978

Captain Name : Zhu Nian Le

Catch and export hammerhead sharks without any permit

AIS and VMS were deactivated once Hai Fa entered Indonesia’s water (5 periods of time)

Sail back to China without seaworthiness and port clearances

Violations

• District and Appelate Courts ruled the Hai Fa’s Captain guilty and imposed fine only amounted to two hundred million Rupiah (around USD $15,000)

Verdict

IUU FISHING CASES IN INDONESIA (2)

SINO CASES (AMBON)

5 Fishing Vessels

Gross Tonnage : 250-275 GT Designated Port : Merauke, Papua Location of Capture : Arafura Sea Ruling Court : District Court of Ambon

Violations

Catching fish without permit

Catching fish beyond designated fishing ground (territorial sea)

Catching fish using double trawler (double-nets)

• District Court ruled guilty:

- Imposed fine only amounted to one hundred million Rupiah (around USD $7,500) or 4 months imprisonment

- Confiscation of the trawlers to be destroyed

- Amount from the auction becomes state revenue

• Appellate Court ruled harsher verdict:

- 2 years imprisonment

- Imposed fine amounted to 1 billion Rupiah (around USD $73,000) or 6 months imprisonment

- Confiscation of vessels to be destroyed

- Amount from the auction becomes state revenue

• Navy investigator is currently pursuing corporate criminal liability towards PT Sino Indonesia ShulindaFishing

Verdict

IUU FISHING CASES IN INDONESIA (3)

SINO CASES (MERAUKE)Violations

Verdict

6 Fishing Vessels

Gross Tonnage : 250-275 GT Designated Port : Merauke, Papua Location of Capture : Port of Merauke Ruling Court : District Court of Merauke

Catching fish without permit

Sail without seaworthiness clearance

• District Court ruled guilty:

- 2 years imprisonment

- Imposed fine amounted to 1 billion Rupiah (around USD $73,000) or 6 months imprisonment

- Confiscation of vessels to be destroyed

- Amount from the auction around 6,8 billion Rupiah ($497,000) becomes state revenue

IUU FISHING CASES IN INDONESIA (4)

SILVER SEA 2 CASEAlleged Violations

Status

Gross Tonnage : 2,285 GT Designated Port : Ambon Location of Capture : Sabang (Northern Aceh)

Transport fishes without permit (carrier permit already expired)

Conduct illegal transhipment in Arafura Sea

Deactivation of AIS and VMS

Employ illegitimate crews

• Arrested by Navy on 12th of August 2015

• Carried 19.300 tons of fishes

• Investigation by Indonesian MOMAF Investigators

19

MV Silver Sea Line 3 conducted transhipment with Mabiru 05 and Jaya Sejahtera 104

Other vessel, named Mabiru 98 conducted transhipment in PNG with MV Silver Sea Line 3, and Sea Network. Once Mabiru 98 entered the PNG area, the name of the

vessel was changed into “Pornpohroensap 740”

IUU FISHING CASES IN INDONESIA (5)

Human Trafficking Case in Fishery Industry, 2004-2015

28 CASES

46 CASES

614 CASES

19 CASES

25 CASES600

CASES

20 CASES

93 CASES

Slavery in Ambon & Benjina, Indonesia (1)

This Photo was taken on April 3rd, 2015 in Benjina, Indonesia. Approximately 322 sea fearers were saved and evacuated by MoMAF of the Republic of Indonesia to Tual, Indonesia.

Slavery in Ambon & Benjina, Indonesia (2)

Fake Identity of Crews

Crew Opression

Crew Graveyard

Slavery in Ambon & Benjina, Indonesia (3)

Cell for Crew (1)

Cell for Crew (2)

Cell’s Lock

Slavery in Ambon & Benjina, Indonesia (4)Human Rights Violation

WORKING WITHOUT

SELF- DEVELOPMENT

FACILITYHUMAN

TRAFFICKING

FORCED

LABOURSALARY BELOW

MINIMUM STANDARD

WORKING WITHOUT

SOCIAL SECURITY

HUMAN

SMUGGLING

CHILD LABOUR

WORKER

EXPLOITATION

VESSEL FACILITY IS

NOT FEASIBLE

SLAVERY

SALARY

DISCRIMINATION

HUMAN RIGHTS

VIOLATION

Slavery in Ambon & Benjina, Indonesia (5)

Slavery in Benjina Slavery in Ambon

• 682 vessel’s crew was evacuated from Benjina and Tual, Indonesia. They have been repatriated to their origin county;

• Police of the republic of Indonesia currently doing investigations on the slavery case;

• Case Status: Ready to be prosecuted case (P-21);

• 8 People (5 Tekong, 1 Manager, 1 quality control, and 1 security) has been named suspect by the Police of the Republic of Indonesia.

• 365 vessel’s crew become victims of slavery. 105 vessel’s crew has been repatriated to their origin country

• Police of the republic of Indonesia currently doing investigations on the slavery case;

• Case Status: Investigations;• 4 Captains (Tekong) has been named

suspect by the Police of the Republic of Indonesia;

• Indonesia has cooperated with:1. International Organization for Migration (IOM) to conduct close interview with the victims. The

report from IOM is used for investigations by the Indonesian police;2. Foundation for International Human Rights Reporting Standard (FIHRRST) to arrange the standard

legal due diligence of human rights.

Indonesia’s Policies Plan on Business and Human Rights

==

= HUMAN RIGHTS VIOLATION =

==

HDDHUMAN RIGHTS LEGAL DUE DILLIGENCE BY THE COMPANY IN FISHERY BUSINESS

==

= Regulations and Audit by MoMAF Republic of Indonesia

MODUS OPERANDI IUU FISHING

13. Marking down

of vessel’s GT

14. Not

having/partnering with

a fish processing

unit

1. Falsifying

transfer of

ownership docs

2. Double

flagging & double

registered

3. Fishing without

proper license

4. Altering

vessel’s name

5. Sailing

without port and

seaworthiness

clearance

10. Absence of

health certificate

and export

declaration

11. Violating

fishing ground

12. Using

prohibited fishing

gear

6. Using foreign

captain and

seamen7. Deactivating

VMS and AIS

8. Illegal

transhipment at

sea

9. Falsifying

logbook record

15. Not landing

the catch on the

designated

port

-SMUGGLING-CHILD LABOUR- BATTERY

-ILLEGAL FUEL

-TAX FRAUD

-IMMIGRATION CRIME

LABOUR CRIME-MONEY LAUNDERING-

CORRUPTION-

FORCED LABOUR-

HUMAN TRAFICKING-

Fishery Related Crimes

FISHERY RELATED CRIMES (FRC)

MULTIDOOR APPROACH IN MARINE AND FISHERIES

TAXATION LAW

LABOUR LAW

FISHERY LAW

INVESTMENT

LAW

CONSERVATION

LAW

OIL & GAS LAW

COMPANY LAW

COASTAL AND

REMOTE ISLANDS

MANAGEMENT

LAW

CUSTOMS LAW

ANTI-

CORRUPTION

LAW

ANTI-MONEY

LAUNDERING

LAW

INDONESIAN EEZ LAW

CRIMINAL CODE

IMMIGRATION

LAW

UNCLOS

EVVIRONMENTAL

LAW

HUMAN RIGHTS LAW

HUMAN TRAFFICKING

QUARANTINE LAW

SEA TRANSPORTATION

LAW

WHY MULTI-DOOR APPROACH?

Why Legal Multi Disciplinary approach for IUU Fishing enforcement? • Crimes in marine and fishery sector is a cross-sector crime;• Statutory limitation makes it necessary to use other regulation to

capture IUU Fishing perpetrators;• IUU Fishing usually involves money laundering, bribery and

gratification, and tax evasion/fraudulence.

Multi-door Approach• Broadening the perspective• Multi legal disciplinary• Multi law enforcers and institutions• Synergy law enforcers• “Follow the suspect and follow the asset”

Indonesian Ministry of Marine Affairs and Fisheries

THANK YOU

For information, cooperation, and collaboration please contact:The Prevention, Deterrence and Elimination of IUU Fishing Task Force

(INDONESIAN TASK FORCE ON ANTI-IUU FISHING)Ministry of Marine Affairs and Fisheries of the Republic of Indonesia

Please contact us through email below:masachmad.santosa@kkp.go.id

yunus.husein@gmail.comsatgas_iuuf@kkp.go.id