TRADITIONAL FISHING RIGHTS OF INDONESIAN FISHERS IN AUSTRALIAN WATERS ACCORDING TO INTERNATIONAL LAW

Angraini, Renny (2008) TRADITIONAL FISHING RIGHTS OF INDONESIAN FISHERS IN AUSTRALIAN WATERS ACCORDING TO INTERNATIONAL LAW. Other thesis, Fakultas Hukum.

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Abstract

This research was related to Traditional Fishing Rights of Indonesian Fishers in Australian Waters. Traditional Fishing Rights is the rights to caught fish in particular waters, where this right is appear when fisher had been fished for a long time. This research focused on three main problems, first, how is regulation of Traditional Fishing Rights for Indonesian fishers in Australian Waters; second, what are the barrier factors in Traditional Fishing Rights application, third, what are the efforts to solve problems that related to Traditional Fishing Rights. The method being used in this research was analytical descriptive method with normative juridical approach. This was done with researching library substance such as primary, secondary, or tertiary legal material. The data being gained where analyzed and presented in qualitative way. The outcome of this research revealed the government of Indonesian and Australian agreed with Traditional Fishing Rights of Indonesian fishers in Australian waters. Although this regulation had not been going maximally, there were problems, at the same time, which became restraints to carry out the arrangements, either on the side of Indonesian Government, traditional fishers or the arrangements themselves. To make cooperation and good neighborliness and to avoid various breach, the Indonesian and Australian Government must renegotiate the definition of traditional fisher and traditional method, management to restrict the number of ships that allowed,and providing access to appropriate places with culture approach of Indonesian Traditional Fishers.

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