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Why boat-sinking policy is controversial

The boat-sinking policy has become controversial since Susi took command of the ministry in 2014. One reason is that it involves foreign-flagged vessels whose flag states have long complained about the measure.

Siswanto Rusdi (The Jakarta Post)
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Jakarta
Thu, February 8, 2018

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Why boat-sinking policy is controversial Sink them down: Indonesian authorities destroy seven of 75 foreign illegal fishing vessels in the waters off Belawan in Medan, North Sumatra province, on April 1 2017. (AFP/Gatha Ginting)

I

ssues related to the sinking of fishing boats made headlines again after Coordinating Maritime Affairs Minister Luhut Pandjaitan and Vice President Jusuf Kalla demanded recently that Maritime Affairs and Fisheries Minister Susi Pudjiastuti end the policy.

Instead, she was instructed to focus on fish production to boost the country’s fish exports. She reiterated that boat sinking was not her policy and that she just faithfully made decisions based on a court verdict.

The boat-sinking policy has become controversial since Susi took command of the ministry in 2014. One reason is that it involves foreign-flagged vessels whose flag states have long complained about the measure.

Kalla mentioned that he received many objections from the flag states regarding the problem.

The fact that the flag states continuously protest the government over the severe actions — bombed or set ablaze — against their fishing vessels indicates loopholes in our judicial system, especially regarding the shipping business. Of course, no country can dictate their interests to us on the matter.

Since shipping is a transboundary business in which a massive labyrinth of international regulations and best practices manage it and its players, however, we cannot regulate our national judicial system pertaining to the cases, which entail ships in total absence of the international shipping perspective. So, what are the loopholes in the fishing boat-sinking policy from an international shipping point of view?

According to the international practice, a ship — fishing boat, freighter, tanker or others — can be detained only through a court verdict and request for its detention should be filed by the eligible parties for the ship in question such as the creditor, vendor or suppliers.

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