16. ANALISIS FAKTOR-FAKTOR PENGHAMBAT RATIFIKASI PORT STATE MEASURES AGREEMENT OLEH INDONESIA PERIODE 2009-2014

Abstract

Indonesia, the world's largest archipelago, is known for its rich marine biodiversity and
resources. The vast area, however, is difficult to monitor, which give rise to illegal
activities. IUU fishing costs the country 30 trillion rupiah annually. Indonesia remains
committed to completely eradicate illegal, unreported and unregulated (IUU) fishing
activities through international forum such as FAO. FAO's Port State Measures Agreement
(PSMA) 2009 is a testament of commitment from the international community in
addressing IUU fishing by strengthening the role of state port. However, five years after
the inception of the Agreement, Indonesia's effort in commiting and complying with the
Agreement were hampered by several factors. This study is aimed to explain the obstacles
faced by Indonesia in the process of PSMA’s ratification. Therefore, it enables the country
to conduct unilateral measure in fighting IUU fishing namely the “vessel drowning” policy
with its current capabilities, available resources, and national interest. These two premises
contribute to the slow process of PSMA’s ratification. This research utilized descriptiveanalytical
method in attempt to answer the research question. Based on wide range data,
study cases, and the theoretical framework, this study found that the use of Realism
paradigm and Oona Hathaway’s integrated theory of International Law could best explain
the hindrances faced by Indonesia in fulfiling the requirements of PSMA 2009, which
hinders the progress of its ratification. This suggests that Indonesian government would
serve its very best interest solely for the state and its survival in deterring, preventing, and
eliminating IUU fishing. Thus, it sets aside the state’s desire and importance in complying
and committing to international norms.