10 - The Fisheries Court

Summary

The chapter looks at the establishment of a special court for fisheries-related crimes in Indonesia as part of the broader reform in fisheries regulation stipulated in the Law No. 31/2004 on Fisheries. This law marked the attempt to modernise the governance of fisheries as well as coastal and marine resources. The law also introduced a more comprehensive definition on fisheries-related crimes which has never been regulated before. To enforce these newly defined crimes, the law established a new specialised court, which is equipped with specific jurisdiction, and specialised criminal procedures. Emphasising the complex nature of these newly defined crimes in fisheries, the law introduces ad hoc judges as well as special prosecutorial agencies such as the Navy. The number of cases heard in the last ten years remains very low, and decisions issued in some major cases have raised public controversies leading to a call by the Ministry of Maritime Affairs and Fisheries for closure of this special court. The fisheries court reflect a patchy strategy in judicial institution reform in Indonesia. This strategy has not only yielded disappointing results, but also complicates the problems that have plagued judicial institutions, including judicial corruptions.