Title: Diplomatic restorative justice in international fisheries enforcement: Indonesia's policy innovation in addressing transnational illegal fishing
Authors: Cornelis Djelfie Massie; Thor Bangsaradja Sinaga; Roy Ronny Lembong; Steve Michael Massie
Addresses: Department of International Law, Faculty of Law, Universitas Sam Ratulangi, Manado, Indonesia ' Department of International Law, Faculty of Law, Universitas Sam Ratulangi, Manado, Indonesia ' Department of Criminal Law, Faculty of Law, Universitas Sam Ratulangi, Manado, Indonesia ' Department of International Law, Faculty of Law, Universitas Katolik de La Salle, Manado, Indonesia
Abstract: The aim of this study is to address challenges in resolving illegal fishing incidents by foreign nationals in Indonesian waters. The proposed diplomatic restorative justice (DRJ) model combines restorative justice principles with diplomatic negotiations to resolve transnational fisheries violations. The model emphasises bilateral negotiations, admission of responsibility by perpetrators, compensation for environmental damages, and formal agreements as alternatives to criminal prosecutions. Using normative legal research with conceptual analysis and case studies, the study finds that DRJ provides an effective, efficient, and humane alternative to punitive enforcement, while upholding national sovereignty and international law. This approach also provides a structured framework for interstate cooperation in maritime governance and conflict resolution.
Keywords: restorative justice; diplomacy; illegal fishing; non-judicial settlement; transnational justice; Indonesia.
DOI: 10.1504/IJPLAP.2025.148509
International Journal of Public Law and Policy, 2025 Vol.11 No.6, pp.1 - 20
Received: 03 Jul 2025
Accepted: 27 Jul 2025
Published online: 09 Sep 2025 *