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Southeast Asia

Prospects and Challenges for Indonesia to Counter IUU Fishing as a Transnational Organized Crime

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Authors: Ahmad Almaududy Amri Ph.D and Aloysius Selwas Taborat LL.M*

Ocean governance has never been so crucial as it is now since the conclusion of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982. The myriad and multifaceted dimensions of ocean governance have intertwined in a complex manner.

Major impacts of climate change as exhibited in a growingly warmer and acidic global ocean, rising sea level, and the retreating of sea ice (2020 Copernicus Ocean State Report) continue to pose existential problems to policy makers worldwide. On the other front, ocean governance is tightly related to global development agenda, the United Nations Sustainable Development Agenda (Agenda 2030).

Against the backdrop of this global landscapes, the question about how to better address illegal, unreported, and unregulated fishing (IUUF) rise to eminence. A 2019 Blue Paper titled “Illegal, Unreported and Unregulated Fishing and Associated Drivers”, commissioned by the High Level Panel for A Sustainable Ocean Economy, asserts that IUUF is, among others, a criminal and human rights phenomenon.

The Paper also pointed out that “…although many efforts to stem IUU Fishing are international, national governments must initiate much of the action, including regulating their own coastal fisheries, enacting regulations at ports of entry, ratifying international agreements, and employing new tracking and transparency technologies”. Indeed, not an easy feat for national policy makers. They have to tame the recalcitrance of both global and domestic fabric of policies.

In such a context, policy makers are under constant pressure to cater and deliver to the specificity of IUUF problems and challenges that besieged the extent and possibilities of their policy arsenals. And in the Indonesian context, we argue that such dilemma concerns with the fundamental question of to what extent should IUUF be addressed from a criminal and law enforcement perspective. In other words, how can a criminal and law enforcement approach to IUUF can complement Indonesia’s policy to address IUUF’s environmental and developmental dimension. We attest, that a criminal and law enforcement approach to IUUF is indeed plausible and imperative.

One of the most pressing issues in the combatting of IUUF from a criminal and law enforcement perspective is whether a penal sanction can be applied in the Exclusive Economic Zone (EEZ), the maritime domain where IUUF occurs the most. In 2016, at the 25th Session of the Commission on Crime Prevention and Criminal Justice (CCPCJ), the Indonesian Government introduced IUUF as transnational organized crime (TOC).The criminalization of IUUF as TOC, provided the legal framework to justify the enforcement of penal sanctionsin any maritime zones, notwithstanding EEZ. Punitive approach is critical to deter future IUUF practices.

The current global landscapes and domestic context, particularly with the growing importance of ocean governance, provides an impetus for Indonesia to rethink and reconsider its strategy in combatting IUUF as a TOC. After all, global efforts to address this issue must be anchored on a forceful initiative and measure at domestic level, if goals or commitments were to ever work at all. Hence, the following strategies can therefore be considered.

I. Usage of appropriate term

IUUF is a well-defined term particularly by the Food and Agriculture Organization (FAO) and considered as an act violating administrative regulations (fisheries management concern). Thus, in accordance with this understanding, IUUF conducted in EEZ cannot be penalized. To address this, the term IUUF should be changed. Terms such as fisheries crime may be the best option.

II. Proposing resolutions at regional and multilateral forums

Garnering international support is a must. Efforts at regional and global levels must be strengthened with tailor-made approach to every cooperative platform.

In 2007, together with United States and Timor Leste, Indonesia sponsored an ASEAN Regional Forum (ARF) Statement on Cooperation to Prevent, Deter, and Eliminate IUUF. The preamble paragraph stipulated that ARF is working to ensure that national legislation and enforcement regimes provide appropriate administrative, civil, and/or penal sanctions to prevent, deter, and eliminate IUUF. This statement is critical as a stepping-stone in raising awareness about IUUF and how penal sanctions may be applicable in the future. But this statement alone is insufficient. It is imperative to endorse this idea in a more global scale.

CCPCJ has indeed acknowledged fisheries crime as an emerging crime. However, CCPCJ is still weighing the possibility to classify fisheries crimes as TOC. Indonesia can identify the possibility to initiate a resolution on this issue in CCPCJ.

III. Usage of relevant international legal frameworks

a. UNCLOS

Article 73 (3) UNCLOS stipulates that violation of fisheries laws and regulations of the coastal state’s EEZ may not include imprisonment and other forms of corporal punishment. Nonetheless, it provides avenue shall states wish to impose other kinds of punishments/sanctions. But such sanctions should be first agreed by other contracting states in a form of an agreement. The said agreement should clearly stipulate the kinds of punishments/sanctions enforced to the perpetrators conducting illegal fishing in the EEZ. Indonesia can capitalize this provision by negotiating such agreement bilaterally, regionally or multilaterally.

b. UNTOC

United Nations Convention against Transnational Organized Crimes (UNTOC) has explicitly listed the criteria of crimes that can be categorized as serious crimes. Article 3 (1) mentions that a crime is a serious crime if the offence is transnational in nature and involves organized criminal groups. Indonesia can utilize UNTOC to categorize fisheries crimes as TOC and to make it a new predicate crime hence creating a new legal norm.

IV. Domestic efforts

Indonesia should revise its domestic law to accord with the said efforts. The current Fisheries Act No. 31/2004 (as amended by Act No. 45/2009) has no penal sanctions. Additionally, Circular Letter of the Supreme Court (SuratEdaran Mahkamah Agung) No. 3/2015 in point 3 supported Article 73 (3) UNCLOS which in principle stated that perpetrators conducting IUUF activities in the Indonesian EEZ can only be asked to pay fine (reasonable bond) and not imprisonment.

Modification to the existing laws is inevitable if Indonesia were to go all the way in making IUUF or fisheries crimes as TOC. Most of the cases in Indonesia, IUUF perpetrators are not able to pay fines. The practice in Australia might serve as a reference, whereby it imposes imprisonment as a subsidiary punishment to fine. If the perpetrators unable to pay fine, the fine would be converted to number of days in prison.

Efforts to categorize IUUF or fisheries crimes as TOC will require lengthy process at both domestic and international level. Nevertheless, a meaningful step by Indonesia to address IUUF in a non-business as usual manner will serve as a building block to the global efforts.

*Aloysius Selwas Taborat LL.M holds LL.M degree from Washington College of Law, American University.

DISCLAIMER: Views expressed above are the authors’ own.

The writer holds Ph.D. degree from the Australian National Center for Ocean Resources and Security (ANCORS), University of Wollongong, Australia.

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Southeast Asia

Uncreative Teachers: Online Learning Is Ineffective

Kevin Fallo

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Inevitably, Indonesia has to apply online learning (in the network) during the Covid-19 pandemic, this aims to anticipate the spread of the Covid-19 virus itself. However, there are still many problems in its implementation.

The problems found during online learning come from students, educators, and even the system itself. This causes the existing curriculum targets not to be achieved.

Curriculum

Based on the Decree of the Minister of Education and Culture of the Republic of Indonesia Number 719 / P / 2020 concerning Guidelines for Implementing Curriculum in Education Units in Special Conditions which was signed on August 4, 2020, it has the objective of providing flexibility for educational units to determine the curriculum according to the needs of students. However, it was reported from news.detik.com that the Minister of Education did not oblige to follow this emergency curriculum and provided 3 options, namely:

  1. Keep referring to the national curriculum
  2. Using an emergency curriculum
  3. To simplify the curriculum independently

Judging from the current situation, it is very difficult to follow and pursue the curriculum targets that are commonly used, therefore the next option is a very good option to run in the current online learning period. A simplification that does not make students stressed and can still focus on taking online learning.

Home Atmosphere & Student Psychology

Each student has a situation that is not the same as each other at home, different when students are in the same class, uniting them in one room and many individuals so that some problems at home can be forgotten for a moment and focus on learning.

In the classroom the teacher can pay attention to the psychology of each student and can apply special attention when one of the students experiences “problems” in the learning process. However, it is not fair if in online learning students are given the same demands while the teacher does not know how the psychology of each student is at his home.

Limited Access

One other big problem is the limited internet access, this can be affected by the internet network, internet quota, smartphone or other hardware. As a teacher, of course this kind of thing has been considered and made a more flexible learning policy, of course.

In practice, there are still teachers who do not understand this problem. Demanding students to be able to work on assignments in a matter of hours, this certainly makes students get pressure to be able to catch up on time within limitations.

Within these limitations it can cause negative attitudes to students, for example, such as students asking their parents to force their parents to buy quotas without understanding the economic conditions of the family, or students who even experience pressure due to inability in several matters related to online learning.

In this case, the teacher should give a long enough period of time for an assignment, giving time for students to meet the needs of access to online learning so that they can take part in this online teaching and learning process.

Creativity

Not only students are required to be creative in online learning, but teachers should also be creative in online learning to create a fun learning atmosphere.

Many cases occur in online learning so that it seems that the teacher is only limited to giving assignments at each meeting. Not without reason, this opinion was born in the community during the online learning period because generally that is the reality that happened in learning during the pandemic.

Teachers can use and take advantage of technology without having qualified skills in the technology field. The most important thing is the willingness and awareness to learn, unless the teacher doesn’t want to learn anymore. The existing limitations can be communicated by fellow teachers to create a creative breakthrough that can support this online learning.

There are many examples of the use of technology that can be used by teachers, one of which is the podcast through this media, students can listen to the teacher’s explanation anytime and anywhere, and of course listening to audio through podcasts is more efficient in using internet data.

To find out the understanding of the material in students, students can also repeat the material in their own style and then upload it into podcast media again. This does not only train students ‘understanding but also learners’ skills. Or teachers can use other means and methods to be able to teach in online learning.

Another example could be using an animaker, a website that creates simple animations that can be created to support learning to be more interesting. With animation media, of course this is more interesting than the powerpoints that are commonly used, especially during this learning period, powerpoints are generally distributed to students without further explanation.

Furthermore, there are many small problems that we see in the implementation of this online learning, one of which is the teacher who asks students to use whatsapp profile photos using personal photos, because previously the profile photos of students used photos of Korean idols. This can be used by the teacher to get closer to students and support learning by connecting learning with Korean idols.For example: In learning Indonesian, the teacher can ask students to make stories by including Korean idols as the main character.

The widespread use of Youtube, Tiktok, Instagram and other social media as a means of entertainment should be used by teachers to create creative learning. It is unfortunate if during this online learning period the teacher cannot create creative things which are of course useful for achieving the learning target itself. Rigid learning methods combined with heavy learning demands are a time bomb for students to be able to damage the psychology of the students themselves.

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Southeast Asia

Rediscovering the Sea: Comparing New Maritime Orientations of Turkey and Indonesia

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Authors: Tufan Kutay Boran and Hadza Min Fadhli Robby*

Sea has once more become one of the most contested regions in the arena of international politics. One of the main reasons is that sea hold reserves to crucial energy and food resources. These resources are needed to sustain the basic needs to be used for supporting the industries and ensuring human developments. Sea also becomes a new area of influence that countries use to increase their leverage in the midst of geopolitical contestation. This condition eventually propels some countries to rediscover their once-forgotten maritime orientation again. This article would like to explore how Turkey and Indonesia are implementing their new maritime orientation in the second decade of the 21st century.

Turkey and Mavi Vatan Doctrine

In Turkey’s case, the geopolitical game is currently focused on two main areas: The Eastern Mediterranean Sea and the Black Sea. Dominant players in international politics have recently turned their faces to the Eastern Mediterranean as a new energy source. Especially after 2010, at the time when Egypt and Israel discovered their natural gas reserves. However, as a peninsular state, Turkey has more than 8,333 kilometers of coastline. The country also has more than 462,000 square kilometers of potential maritime jurisdictional area. In these years, Turkey is also conducting oil and gas exploration activities with six oil and gas exploration and drilling vessels in the Black Sea and East Mediterranean Sea. However, Turkey’s efforts seem to bother some countries in the region. Turkey’s relations with neighboring Greece came to the brink of a hot war due to the continental shelf discussions.

On the other hand, France saw the Mediterranean’s developments as an opportunity and managed to sell Rafale jets to Greece. Countries such as Israel and UAE have also clearly positioned themselves, particularly after November 27, when Turkey and Libya signed a maritime agreement that established the EEZ of both countries under UNCLOS principles. Although Turkey’s bilateral relations experienced a downfall with the mentioned countries (Israel, UAE, and France), Turkey is continuing in a determined manner for the first time in the history of exploration and drilling activities. These activities continue today under the doctrine of the “Mavi Vatan” (Blue Homeland) doctrine. So why Blue Homeland doctrine is essential for Turkey’s new maritime orientation?

The concept of MaviVatan was first indoctrinated in 2006 by Retired Admiral Cem Gürdeniz. According to Gürdeniz, the scope of Blue Homeland doctrine consists of all maritime jurisdiction zones (inland waters, territorial waters, continental shelf, exclusive economic zone), declared or undeclared, and rivers and lakes. The Blue Homeland, in an exact sense, is an extension at sea and seabed of our homeland located between 26-45 East longitudes and 36-42 North latitudes. The Blue Homeland is the name of the Turkish zone of interest and jurisdiction over salty and fresh waters located between 25-45 East longitudes and 33-43 North latitudes. On the other hand, it designates Turkey’s maritime policy as its grand strategic goal for its people in the 21st century. It symbolizes the redirection from a land-based to a new sea-based orientation.  

Nowadays, Turkish authorities and the Turkish people are undoubtedly appreciating the intensity of petrol and gas exploration activities at both seas after Turkey’s long hiatus at two seas. Some authorities even trace back this hiatus to the Ottoman Empire’s 16th century, supposedly the most glorified Ottoman maritime era. Contrary to the previous periods, the Turkish government’s realization of these exploration activities and the investment of national capital and ships’ deployment receive significant support from the Turkish people. This policy also alleviates the public’s reaction against the Turkish economy’s deterioration, which is in a downward trend, especially after the beginning of the Covid-19 pandemic. It is also important to point out that the sharp decline of the Turkish Lira against the U.S Dollar since January 2020 has become another critical issue that has been observed closely by Turkish people. Amid the economic crisis, Turkish people consider the Eastern Mediterranean’s developments and the relations with their neighbor Greece, also a Turkish ally in NATO, as a more outstanding national issue. These developments bring some relational problems to the homeland.

Nevertheless, both the public opinion from the pro-government and opposition sides have united a legal pot in Turkey’s most prominent cause. This unity was rooted in the Turkish public’s concern on the Black Sea’s economic potential and the Eastern Mediterranean Sea. After some exploration period, President RecepTayyip Erdogan announced that the Fatih drillship discovered 320 billion cubic meters of natural gas reserves off the Black Sea coast on August 21, 2020. Although the Turkish people welcomed this news with great joy, experts argued that the mentioned gas extraction would take approximately 3-5 years. The Turkish government is planning to extract the gas resources during the 100th anniversary of the Republic of Turkey in 2023.

Indonesia and The Vision of Global Maritime Fulcrum

Despite holding status as one of the largest archipelagic states globally, Indonesia did not pay much attention to its maritime policies until very recently. Some works have been done in the past to operationalize Indonesia’s sovereignty in its ocean. Deklarasi Djuanda (Djuanda Declaration) and Wawasan Nusantara (Indonesia’s geopolitical outlook) are fundamental works that tried to strengthen Indonesia’s status archipelagic nation. Nevertheless, the strong focus on land-based security and defense policy has forsaken Indonesia’s maritime credentials.

The rediscovery of the sea and maritime policy in Indonesia began when Marty Natalegawa (Indonesian Foreign Minister, 2009-2014) tried to formulate a new approach towards the current geopolitical issue in the Asia-Pacific. According to Natalegawa, the key to managing the potential conflicts in Asia-Pacific is maintaining the “warm peace” through ‘multi stakeholdership.’ Multi stakeholder ship could be defined as a way to ensure that the conflict between parties contested zone (such as the Indian Ocean or the South China Sea) is solved through continuous dialogues and deliberations. This idea proposed by Natalegawa was also known as “dynamic equilibrium.” The legacy of dynamic equilibrium was carried on by Natalegawa’s successor, Retno Marsudi (Indonesian Foreign Minister, 2014-now). Using the principle of inclusiveness and multi stakeholdership, Indonesia is trying to reinstate itself as one of the key leaders in ocean governance. Through Global Maritime Fulcrum (GMF) vision, Indonesia was keen to take greater responsibilities in domestic maritime and global ocean politics. Related ministries and agencies, such as the Coordinating Ministry for Maritime Affairs, were created following the vision. During Indonesia’s chairmanship in the Indian Ocean Rim Association (IORA), Indonesia has tried to put its ideas on maritime governance issues by proposing IORA Concord. IORA Concord has become one of the roadmaps that reflects Indonesia’s agenda as a global maritime fulcrum.

The idea attracted the Indonesian society’s attention since many thought that this would be one of the main breakthroughs that would create a more significant impact on the Indonesian economy and Indonesian foreign policy. Many Indonesian lawmakers have also indicated their support toward the GMF. Lawmakers also noted that the Indonesian government should fully utilize and dedicate all of its resources so that the people could enjoy the maximum benefit from this policy. In this context, lawmakers highlighted that the Indonesian government should protect its ocean resources, particularly in the fisheries sectors. Some ideas under the GMF doctrine were realized. One of these is creating fisheries’ docks and tollaut (sea highways) that help with the distribution of needs and resources through Nusantara’s vast islands.

Nevertheless, the GMF was eventually abandoned during the second term of Joko Widodo’s presidency. The coordinating ministry responsible for the maritime issue is still operational, but this coordinating ministry’s works focused on managing foreign trade and investments in Indonesia. Some limited activities to ensure coastal security is still handled by the coordinating ministry with the Ministry of Defence. Unfortunately, the works to ensure the resource sovereignty in the Indonesian oceanic territory remains in limbo.

Conclusion

Turkey and Indonesia have dedicated themselves to assert their identities as maritime nations. Despite having differences in geographical and geopolitical conditions, both governments have similarities in considering the sea as part of their future. Taking notes of the geopolitical conflicts and the potential of undiscovered resources in their oceanic sovereignty zones, Turkey and Indonesia establish doctrines that align with their foreign policy principles. Turkey, perhaps trying to achieve its economic goals for the first time in its history with a genuinely neo-realist and active policy in both seas. However, this neo-realist attitude is seen as disturbing steps by other states trying to have a say in the region. Even though the AK Party government has not given up its determination and attitude with the support of its people, Turkish authorities have idealistically emphasized that they are ready to talk with other states in the context of good faith.

Meanwhile, Indonesia is staying away from the bigger goals of becoming a regional leader in maritime governance. The main factor that finally determines Indonesia’s current maritime vision is the fulfillment of Indonesia’s economic and development goals. Therefore, most maritime sectors’ works are more focused on attracting investors and building infrastructures instead of constructing a grand vision and comprehensive policy frameworks that entail all sectors. A more pragmatic and bilateral-oriented Jokowi is trying to avoid more problems to gain more advantages. Finally, in Indonesia’s case, foreign policy must be home-originated and based on domestic needs, but a more confident stance needs to be taken.

*Hadza Min Fadhli Robby, Lecturer, Department of International Relations, Universitas Islam Indonesia

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Southeast Asia

No such thing as sustainable palm oil”? What nonsense

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Last week an Italian scientist, Roberto Gatti, made headlines in Malaysia when he proclaimed that there is “no such thing as sustainable palm oil”. The only problem is that Mr Gatti is wrong.

Indeed, oil palm producers have for the last 15 years become the lightning rod for the public’s growing anger on issues relating to deforestation, global warming, subpar labour practices, and transboundary haze.

Only a silent few have questioned these allegations, leading the vast majority of the public to swallow these headlines hook, line, and sinker – leaving the narrative unchallenged. It is as if the endless supply of information in today’s modern era, through quick and easy forms of digital content has reached a point of overload. Sadly, it has worn us down and induced a premature form of mental fatigue, taking away our ability to distinguish between credible research and catchy ‘clickbait’, and ultimately what is right and wrong, and whether we should even question it.

The palm industry is a vital agricultural player today, globally. Whilst it only occupies less than 0.5% of the total area under agriculture today, it accounts for 37% of all the oils and fats produced in the world and continues, in spite of the Covid-19 calamity, to secure jobs for well over 5 million people globally, most of which are smallholder farmers who depend on this crop for their livelihood.

Is everything perfect and rosy? Absolutely not. The oil palm – like all agricultural crops requires one thing – LAND. And this is where the dilemma arises. In this context, we must acknowledge that the oil palm has contributed towards large tracks of deforestation, even though over the last 25 years it has accounted for less than 5% of global deforestation. Boycotting palm oil and replacing this with an alternate vegetable oils is of course a decision which people or big brands are free to make. However, the price for such action will be high, as it is proven beyond doubt that replacing palm oil with any alternate vegetable oil will result in using up to 10 times more land to produce the same quantity of oil. Even the International Union for the Conservation of nature (IUCN) and World Wide Fund for Nature (WWF) have recognised this urging, and support the production and use of sustainable palm oil, thereby preventing greater impacts on the environment, biodiversity, and communities.

The problem with studies like that of Mr Roberto Gatti, is that his pseudoscience has intentionally singled out the oil palm without putting things in perspective, and informing the reader that commodities such as beef, soy, maize, poultry, timber production and more account for over 90% of the world’s deforestation today, and are still in the infancy when it comes to providing consumers with a supply chain that does not come from recently deforested land.

Palm oil, however, has such a scheme in place today, where buyers can be assured of no deforestation, no new peat development, and no exploitation of workers. It is called the Principles and Criteria, which is set by the Roundtable on Sustainable Palm Oil or ‘RSPO’ – a standard which with supreme confidence, I can state goes beyond any similar sustainability standard in the world today – even when it comes to olive oil production in Spain, rapeseed production in France, soy production in the US, or canola production in Australia.

The palm oil sector is far from perfect and I will be the first to state that there is still a long road ahead in terms of making sustainable palm oil the norm, but the first steps were taken over 15 years ago to create a multi-stakeholder platform, where buyers and consumers could be assured that the palm oil in the products they use and consume has indeed been grown and sourced sustainably. The aspirations remain high, and today we see the Malaysian Sustainable Palm Oil (MSPO) and Indonesian Sustainable Palm Oil (ISPO) certification schemes, providing an amazing platform to raise the floor of the “many” instead of just focusing on raising the ceiling of the “few”. 

Together, we will drive the RSPO, MSPO and ISPO standards forward, regardless of the spurious claims by people like Mr Roberto Gatti, and hopefully take inspiration in the words of wisdom from the late Chinese philosopher, Confucius: “It is better to light a candle than to curse darkness”.

Sustainable palm oil is the “light” – it is the future – and any efforts to squash this movement will only move us back into darkness, where we will lose our way, remain silent, and fail to speak up when half-baked truths grab headlines. In the end, this is about taking ownership and holding fast – especially when the headwinds are the fiercest. It is about appreciating that sustainability is a shared problem, requiring individual changes that must start today. This includes you.  

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