Research pick: Fishing for favour - "Diplomatic restorative justice in international fisheries enforcement: Indonesia’s policy innovation in addressing transnational illegal fishing"

The longstanding battle between Indonesia and illegal fishing by foreign nationals may be entering a new phase as researchers propose a new framework that brings law and diplomacy to address the problem. They provide details in the International Journal of Public Law and Policy.

For decades, Indonesia has pursued a zero-tolerance policy of illegal fishing. Foreign vessels caught breaking the law are seized and their crews prosecuted. This approach signalled Indonesia’s firm defence of its sovereignty, but it has also led to problems with the authorities overwhelmed by the burden of processing seized vessels and carrying out prosecutions. Moreover, it has led to inflamed relations with the neighbouring countries whose citizens are detained and fails to address the underlying economic pressures that drive small fishing boats to cross maritime boundaries.

The work points out that Indonesian waters are often fished by boats from Vietnam, the Philippines, Malaysia, and Taiwan. They are all operating in crowded seas where there are no obvious alternatives. The crews of small fishing vessels may inadvertently cross maritime boundaries or be so desperate that they ignore the law.

The new proposal, Diplomatic Restorative Justice, offers an alternative. The researchers explain that restorative justice emphasizes reparations rather than punishment. At the international level this is the diplomatic approach. Rather than focusing on trials and sentences, the approach encourages acknowledgment of responsibility, compensation for economic and ecological harm. Ultimately, it could lead to formal agreement between states that would strengthen cooperation and prevent repeat violations.

The team suggests that the same approach might be useful where other international problems arise rather than being limited to fishing. It might, for instance, help address cross-border disputes over other natural resources, such as water and forestry. The model offers accountability with cooperation, acknowledging the rights of sovereign states while recognizing the practical necessity of regional stability.

Massie, C.D., Sinaga, T.B., Lembong, R.R. and Massie, S.M. (2025) ‘Diplomatic restorative justice in international fisheries enforcement: Indonesia’s policy innovation in addressing transnational illegal fishing’, Int. J. Public Law and Policy, Vol. 11, No. 6, pp.1–20.