TEMPO.CO, Jakarta - The Minister for Maritime Affairs and Fisheries Susi Pudjiastuti should be told that the war against major illegal foreign fishing boats is not yet over. This is a heavy-duty job not just because of the outsiders involved but also the 'powerful' people inside the country, particularly those among law enforcers.
The case involving the MV Hai Fa fishing boat captured in Wanam, Papua last year, shows the difficulties Minister Susi faces in her job. At 4,3306 gross tons, the Hai Fa is listed as the biggest fishing boat in the history of illegal fishing in Indonesian waters. The ship was arrested because it was sailing without proper documents and its vessel monitoring transmitter system was dead. Even worse, in the hull of the ship officers found 15 tons of hammer-head sharks, a legally protected species, in addition to 800 tons of other fish and 100 tons of frozen shrimps.
Law enforcers should have regarded this case as a crime, not just a violation. But unfortunately, considering it to be an administrative violation of Law No. 31/2004 and Law No. 45/2009 on Fisheries, the prosecutor of the Maluku District Court only charged the vessel with catching the hammer-head sharks and fined it Rp200 million, and six months of jail time. And to no one's surprise, the judge in the Ambon City Court sentenced the guilty party exactly as the prosecutor had called for.
Neither the prosecutor nor the judge deemed it important enough to look into the criminal aspects of the Hai Fa case, such as the fact that since 2004, the boat had changed flags three times. The flag-change could be just another way to camouflage illegal fishing, which clearly is a crime.
So Minister Susi's plan to appeal the light verdict meted out by the Ambon court is correct, particularly when it is reinforced with data and proof of the Hai Fa's illegal activities.The ministry should look into the exports of a group affiliated with the company Antarticha Segara Lines, owner of Hai Fa. The government can also carry out an extensive audit on the exports and taxes of this company.
Susi's appeal could result in nothing much without a more intense investigation. Her ministry must collaborate with the Tax Directorate-General, the Customs Division, the anti-money laundering PPATK, and even Interpol. If she can obtain the support of all those agencies, Minister Susi should not hesitate in taking the legal road againstthe Hai Fa.
Given the major losses incurred by foreign ships, Susi should focus her attention on that problem. It doesn't mean neglecting to regulate how local fishermen catch their fish. But if the ministry bans fishing by trawling, it should be providing other alternatives. Banning without offering a solution is sure to trigger sharp protests from fishermen because it will be seen to be killing off their livelihood.
Hopefully, Minister Susi will provide the small fishermen with long enough time to get and learn new, more sustainable methods of fishing. Central Java has requested that the ban be delayed until next September, in which case it should be applied to all provinces. With the help of local leaders, fishermen should be able to apply for funds from the Special Allocated Funds for Marine and Fisheries problems.
As such, Minister Susi's focus would rightly be on foreign illegal fishing boats and not the fishermen in her own country. (*)
