CHINA’S CLAIM TOTHE TRADITIONAL FISHING GROUND OVERSOUTH CHINA SEA

Abstract

The phenomenon of Chinese fishermen who arrested by Indonesian Maritime
and Fisheries Ministry patrol boat in Natuna waters, Riau Islands becomes a major topic. On
the one hand, the People’s Republic of China must set aside its unique intention to dominate
much of the South China Sea as a traditional fishing ground, even though the area used as a
fishing ground is an Exclusive Economic Zone (EEZ) of Indonesia. Objectives: The aim of
this study is to explain the determination of the EEZ boundaries in accordance with the rights
and obligations of a country facing or coincide, and explain the traditional claims of fishing
ground by China against the South China Sea.Methods:The method used in this research is
qualitative. The data is taken from the perspective of normative law research with a statutory
and conceptual approach.Results: The results of the study revealed that the rights and
obligations of the countries owning the Exclusive Economic Zone while the traditional
fishing ground claims against the South China Sea, including a part of the Natuna island from
the perspective of international maritime law, in this case the United Nations Convention On
The Law Of The Sea 1982, cannot be justified. Apart from the fact that there is no traditional
fishing ground in UNCLO 1982, fishing in the waters of the Exclusive Economic Zone of a
country must be based on the permission of the owner of the Exclusive Economic Zone.
Conclusion: China’s claim to the traditional fishing ground over South China sea is valued by
the rights and obligations of the state that owns the EEZ does not have an international sea
law basis, namely traditional fishing right.