IDEAL MODEL IN IMPLEMENTING THE PROMPT RELEASE PROCEDURE AS AN EFFORT TO OPTIMIZE LAW ENFORCEMENT IN THE INDONESIAN EEZ

Abstract

This article examines the implementation of the Prompt Release Procedure in Indonesia as mandated by Article 73 paragraphs (2) and (3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS 1982). This article aims to answer questions related to how the Prompt Release Procedure is currently implemented in Indonesia and what the ideal model for implementing the Prompt Release Procedure in Indonesia would be as a means of enforcing the law against Illegal, Unreported, and Unregulated Fishing (IUU Fishing) in Indonesia's Exclusive Economic Zone (EEZ). This study uses a normative method supported by empirical data. The approaches used are a regulatory approach, a comparative approach, and a conceptual approach. The results of the study show that currently, prompt release has not been implemented in Indonesia even though its provisions are regulated in Article 15 of the ZEEI Law and Article 104 paragraph (1) of the Indonesian Fisheries Law. Currently, the law enforcement approach used is a criminal approach as primum remedium without first going through administrative mechanisms as mandated by Article 73 of UNCLOS 1982. The model for implementing the Prompt Release Procedure in Indonesia is to make administrative law enforcement the primum remedium against IUU Fishing in the EEZ and the criminal approach the ultimum remedium.

Keywords: Prompt Release Procedure, Indonesian EEZ, UNCLOS 1982, IUU Fishing, Administrative Law Enforcement.