KARAKTERISTIK HAK PENANGKAPAN IKAN SECARA TRADISIONAL (TRADITIONAL FISHING RIGHTS) NELAYAN TRADISIONAL INDONESIA MENURUT KETENTUAN UNCLOS 1982

The existence of International Law of the Sea of which regulates national sovereignty towards the maritime area, guarantees the enforcement of rights and obligations of state on the maritime area. One of the right is traditional fishing rights which is set within United Nations Convention on the Law of the Sea 1982. However, UNCLOS 1982 does not specifically establish the tradional nature of the forementioned right. This circumstance furthermore results on legal uncertainty which potentially raises loss to the subject of traditional fishing rights. This article will formulate the traditional nature of the recognition of traditional fishing rights, traditional nature of Indonesian Traditional Fishermen and legal protection towards them. The research shows that although according Article 51 par (1) of UNCLOS 1982 the duty to recognize Traditional Fishing Rights is burdened to Archipelagic States, but it also have been the practice of non- Archipelagic State