Volume 19, No. 2, 2022
Searching For Justice in The Policy for Combating Illegal Fishing in Indonesia: The Dignified Justice Perspective
Maya Shafira, Muhammad Akib, Eddy Rifai, Deni Achmad, Mashuril Anwar
Abstract
Dignified justice is a grand legal theory with justifications on grounds which are different from colonial legal theories referred to in Indonesia thus far. The theory of dignified justice is based on Pancasila values as the ‘volksgeist’ or the national spirit of the Indonesian nation laid down by its founding fathers. As a country with its own identity, Indonesia should duly have its own conception of justice rooted in and constructed based on the national spirit, namely Pancasila. In the context of illegal fishing practices, the policy for combating illegal fishing in Indonesia should be based on Pancasila values, namely the belief in One God, humanity, unity, democracy and social justice. However, Indonesia’s policy on illegal fishing countermeasures is yet to fully accommodate Pancasila values. Up to the present time, among the Pancasila values, only belief in One God and democracy have been accommodated in the policy on combating illegal fishing. At the same time, the values of humanity, unity and justice do not transpire in Indonesia’s current policy on illegal fishing countermeasures. In order to materialize fisheries management for the people’s prosperity to the greatest possible extent, the theory of dignified justice based on Pancasila values need to be used as reference in policy formulation as well as in the stage of implementation (application) of the policy for combating illegal fishing in Indonesia.
Pages: 12 - 20
Keywords: Pancasila, Dignified Justice, Illegal Fishing