IMPLEMENTATION OF TECHNICAL GUIDELINES FOR INVESTIGATION IN HANDLING DESTRUCTIVE FISHING CRIMES

Abstract

Maluku Province is an archipelagic region in Eastern Indonesia with an ocean area covering 92.4% of its total territory. Possessing vast marine resources, Maluku faces severe threats from destructive fishing practices. Fishing activities utilizing explosives, potassium cyanide, electric shocks, compressors, and unapproved gear severely destroy coral reef ecosystems and degrade aquatic biodiversity. This socio-legal research aims to critically analyze the multi-dimensional factors causing destructive fishing across Maluku’s 12 Island Clusters and evaluate the implementation of technical guidelines and Standard Operating Procedures (SOPs) applied by law enforcement agencies (Fisheries PPNS, Ditpolairud Maluku Regional Police, and the Indonesian Navy). The findings indicate that destructive fishing is driven by complex variables: economic vulnerability among traditional fishermen, high market demand for live reef fish and ornamental species, perceived operational efficiency, unrestricted access to chemical explosive raw materials (ANFO fertilizer), lack of ecological awareness, and strong local cultural cohesion that shields offenders. From a procedural law standpoint, criminal investigations adhere to the Criminal Procedure Code (KUHAP), Law No. 45 of 2009 on Fisheries, Police Regulation No. 6 of 2019, and Maluku Governor Regulation No. 22 of 2023. However, procedural enforcement is structurally hampered by the absence of a Forensic Laboratory in Maluku (which delays scientific crime investigation), limited patrol armadas across remote archipelagic zones, budget constraints for civil servant investigators (PPNS), and inter-agency egoism within the Fisheries Crime Coordination Forum.

Keywords: Destructive Fishing, Fisheries Investigation, Socio-legal, Maluku, PPNS, Polairud.