A Legal Review of the Causes of the Criminal Act of Lobster Seed Smuggling

Abstract

The smuggling of lobster larvae (BBL) is a serious problem in Indonesian fisheries governance. This phenomenon occurs due to high demand in international markets, particularly Vietnam, which offers significantly higher prices than domestic prices. This economic difference provides a strong incentive for smuggling networks to continue their illegal activities through illegal ports and unofficial sea routes. Changing government regulations from 2016 to 2024 have further exacerbated the situation by creating legal uncertainty and opening up loopholes for illegal practices. The impact is significant: potential state losses reach trillions of rupiah per year, wild lobster populations are under serious pressure, and the country's legal sovereignty at sea is weakened.

Legally, the smuggling of baby sharks (BBL) is regulated by Law Number 31 of 2004 concerning Fisheries, as amended by Law Number 45 of 2009 and its adjustments in Law Number 6 of 2023, and detailed in Ministerial Regulation of Maritime Affairs and Fisheries Number 17 of 2021 and Ministerial Regulation of Maritime Affairs and Fisheries Number 7 of 2024. Articles 88 and 92 provide a fairly firm criminal basis, but court sentences are often light and do not have a deterrent effect. From a criminological perspective, this crime meets the criteria of an extraordinary crime due to its massive impact, the involvement of transnational networks, and the weak enforcement of conventional law in addressing it. This study emphasizes the need for a reformulation of the law enforcement paradigm by placing BBL smuggling as an extraordinary crime, so that extraordinary instruments such as financial investigations, asset confiscation, international cooperation, and coastal community empowerment can be used.