INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH VOLUME 6, ISSUE 10, OCTOBER 2017 ISSN 2277-8616 Inter-Sectoral Conflicts Of Maritime Institutions In Activities Controlling Of Foreign Illegal Fishing In Morotai Island Marine Muhlis Hafel Abstract: This research aims to describe and understand in detail the inter-sectoral conflicts of maritime institutions, namely, Indonesian National Armed Forces (TNI AL), Directorate of Marine Police (Ditpolair), and Marine Resources and Fisheries Supervisory Work Unit (PSDKP Satker), in activities controlling of foreign illegal fishing in Morotai Island marine. Method used to analyze the issue is case study approach in Naval Base on Morotai and Ternate, North Maluku and Ternate Ditpolair, and Satker PSDKP on Ternate and Morotai. Data collecting, using observation techniques, interviews, and literature reviews. Data analysis using qualitative method approach. The results indicated that conflict of inter-sectoral maritime institutions in activities controlling of foreign illegal fishing in Morotai Island marine caused by violation of the Joint Agreement Charter (PKB), lack of coordination with local government, and sectoral ego of inter-sectoral institutions. Index Terms: Marine resources and fisheries, sectoral ego, joint agreement charter ———————————————————— 1 INTRODUCTION This national policy also raises a number of issues, as in Indonesian political statements as a maritime country are explanation of article 24 paragraph (3) of Indonesian Law no. contained in Unitary State Constitution of Republic of 6, 1996, said provisions of paragraphs (1) and (2) governs Indonesia (UUD 1945). In article 25A of these constitution sovereignty and law enforcement in Indonesian water sea. states that Unitary State of Republic of Indonesia is an While related to enforcement of its sovereignty, has been archipelago country characterized by archipelago whose clearly regulated in Indonesian Law No. 20 , 1982 on basic territorial boundaries and rights are established by law. The provisions of secutiry defense of Republic of Indonesia as struggle of Indonesian delegation in recognition of archipelagic amended by Act no. 1, 1988 and then amended again with state concept was made in international forum through Juanda Law no. 3, 2002 on state defense, so that only require to be Declaration on December 13, 1957, until Indonesian coordinated on law enforcement implementation. As a result, government ratified United Nations Conventions on Law of the it is not only overlap between sector policies with each other, Sea (UNCLOS) in 1982 through Law No. 17, 1985 (Wahyono but it always creates conflicting policies, creates conflict of Suroto Kusumoprojo, 2009) [1]. Furthermore, article no. 2 on interest between government institutions, and often leads to paragraph 1 of Law no. 6, 1996 on Indonesia water sea stated conflict with public interest, such as environmental issues and that Republic of Indonesia is an archipelagic country. The coral reefs. Implementation of national policies and sectoral presence of Law no. 32, 2014 on Marine, still provides policies in maritime field domiciled in the region are Navy, opportunities on approximately 34 laws and regulations have marine police, and marine and fisheries service are two been established by the government, each of which has a central agencies and one agency in region that work law relationship with marine sector. Orientation of existing enforcement and security in maritime field together. Policy legislation seems overlapping, partial and more concerned implementation, Navy more to execution of duties in with sectoral ego of agencies. Many maritime laws and accordance to the law, so anything done in the field is a law regulations are still sectoral, and some legislation does not order. Meanwhile, marine police is more in investigation contain clear maritime aspects. For example, the marine authority, each agency has an investigator. Supervision security agency was given such a large task and function by conducted by marine and fisheries resources control unit Law no. 32, 2014, but in reality, not able to enforce it because using fishing vessel can stop, inspect, carry and hold aboard has a number of limitations, especially in infrastructure. So, in suspected or allegedly committing a violation in territory of fact, Indonesian sea is still managed by quite a lot of fisheries management of Republic of Indonesia to nearest government institutions, but has not shown a harmonious port for further process. So, that if there is a violation of law policy direction. Utilization of maritime resources, for example, such as illegal fishing of foreign fishermen in supervision policy products and legislation, is largely structured for sectoral process, of course each agency performs legal steps in arrangements with an emphasis on each sectoral interest. accordance with their own authority by considering aspects of Meanwhile, sovereignty rights of state over the sea are the coordination among sectoral agencies for national purposes state's right to regulate, supervise, protect, and treat the sea to and interests {10-12]. Based on Law no. 45, 2009, territorial protect national interest in maritime field. authority of marine police is almost identical to authority of marine and fisheries services with a line measured from coastline 12 miles of territorial sea, including lakes and rivers. Should there be any maritime crime in the Exclusive Economic Zone (ZEE), then agency making arrest should ___________________________ coordinate with relevant sectoral agency, because Navy has territorial authority limits measured from 12 nautical miles to Muhlis Hafel is Lecturer of Political Science outer limits of Indonesian archipelago, including exclusive Muhammadiyah University of North Maluku, Indonesia, economic zone. Should there be any criminal offenses in email: [email protected] territorial sea then agency making arrest should coordinate 88 IJSTR©2017 www.ijstr.org INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH VOLUME 6, ISSUE 10, OCTOBER 2017 ISSN 2277-8616 with marine police and marine resources and fisheries what in behind the supervision and law enforcement of illegal resources control unit. There are some previous research fishing activities of foreign fishermen in Morotai Island. related to this topic. Policy analysis of illegal fishing Sectoral ego and seizure of economic resources illegally countermeasures in North Halmahera Regency (Arifin Neka, become tends to conflict between sectoral agencies in et. al, 2009) [2]. These study concludes that illegal fishing Morotai Island marine, North Maluku Province. activities that occur in North Halmahera marine done by foreign fishermen and local fishermen. Foreign fishermen are 2 METHODOLOGY OF RESEARCH more Filipino with mode of falsification operational documents This research uses qualitative approach or qualitative analysis, and use of fishing gear which is contrary to provisions of to find a significant research according to data and applicable fishery law in Indonesia. While the case of local information. Consideration to use descriptive qualitative fishermen is not having business license as the provisions in research is by case study with focus of conflict assessment force. Therefore, it is necessary to develop monitoring among sectoral institution in maritime field, that is Navy, system, development of fishery law system, the importance of Directorate of Water Police, and Unit of Supervision of Marine regional and international cooperation, development of and Fishery Resources, in order to supervise illegal fishing licensing system, regionalization of fishery management, activities of foreign fishermen in Morotai Island marine. These fishery industry development and development of fishery research was conducted in 3 (three) places, namely Navy system based on society. Armain Naim (2010) [3], conducted Base in Daruba, Morotai Island District, Marine Police study on supervision of fishery resources in handling lllegal Directorate at North Maluku District Police in Ternate and fishing in North Maluku Province. This study is more on Representative in Daruba Morotai Island Regency, and Marine assessment needs for role or involvement community, and Fishery Resource Control Unit at Ternate and especially for fishermen community to assist law enforcement Representative of Morotai Island at the Office of Marine and officers of fisheries in supervision of illegal fishing activities of Fishery of Morotai Island Regency. Time allocation was foreign fishermen. One of priorities oversight of marine affairs conducted for 6 (six) months, from August 2015 to January and fisheries office through development community based 2016. Objectivity of data can be found when research subject monitoring system with community formation monitoring setting accordance with research requirements. Because this groups. Through the community based supervision system study is a case study, research subject urgently needed in group can provide opportunities for community to indirectly extracting data, especially for those who know, or directly participated in tackling the foreign illegal fishing activities in involved in such cases. Target or subject in research is as North Maluku Province. Yussuf Solichien Martadiningrat, follows; 1) Naval Force Base Morotai Island in Daruba Capital (2014) [4], conducted study on role of state in implementation of Morotai Island Regency and Navy Base in Ternate. of fishery policy facing illegal fishing,