PERLINDUNGAN HUKUM TERHADAP PAUS DARI TINDAKAN ILLEGAL WHALE OVER FISHING PADA TRADISI GRINDADRAP MASYARAKAT KEPULAUAN FAROE BERDASARKAN HUKUM INTERNASIONAL

This study aims to identify and assess the legal protection of the whales of illegal over fishing in the Grindarap tradition undertaken by the indigenous people of Faroe Islands in the North Atlantic based on international law, in this case is clearly set out in the International Convention For the Regulation of Whaling (ICRW) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legal research is a normative research viewed from descriptive. This study using data consisted of primary, secondary and tertiary legal materials. Primary legal materials consisting of the International Convention for the Regulation of Whaling, 1946, the United Nations Convention on the Law of the Sea, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the United Nations Declaration on the Rights of Indigenous People, Code of Conduct For Responsible Fisheries (CCRF) and the Faroe Island Whaling In Brief. Secondary legal materials consisting of national and international journals, research papers, thesis, and papers which is associated with whaling. Tertiary legal materials consisting of Black Law Dictionary and Dictionary of Indonesian. The result showed that the legal protection of the whales from illegal whale based on ICRW is the moratorium on commercial whaling and hunting quotas to maintain the balance of whale populations. Then based on CITES, the legal protection to the whales is done by specifying a list of Appendix which classifies the species of fauna and flora by level of extinction as well as their ongoing conservation efforts in each country. And then the result about the implementation of Grindadrap tradition in the Faroe Islands which is the state of Denmark, is contrary to the ICRW and CITES. Denmark as a country that has ratified the ICRW and CITES have not been optimally coordinated with the government of the Faroe Islands that led to this tradition continues to this day. Keywords: Legal Protection, Illegal Whale Over Fishing, Tradition, Grindadrap Tradition, International La