URGENCY OF SILKY SHARK PROTECTION IN BANGKA BELITUNG PROVINCE BASED ON INTERNATIONAL AND NATIONAL LAW 1

: The silky shark is a fish that specializes in the pelagic zone and shallow waters that is currently in near-threatened status. This is due to the overexploitation of shark fishing. Exploitation activities carried out by fishermen cause environmental damage and also the extinction of the shark species itself. Bangka Belitung islands is one of the places where shark fishing and trade often occur, which should not be caught and protected by law. this research uses a normative method that is oriented with secondary data and source materials. the results of this study show that silky shark fishing in the islands of bangka belitung often occurs in terms of secondary data through conceptual approaches and legislative arrangements. Therefore, this research will discuss the importance of establishing shark protection both from the perspective of national law and international law that has been applied.


A. Introduction
Sharks are a species of cartilaginous fish that is also one of the top predators in the sea because of its existence that preys on animals and organisms that are below it.However, the existence of this fish is very vulnerable to extinction because it is often caught and exploited.This is coupled with the fact that sharks experience slow growth rates and are long-lived and produce few offspring, thus exacerbating the extinction and types of sharks in the ocean.This is also supported by the factor that the high international market demand for sharks makes shark fishing occur bigger and bigger so that the extinction of the shark itself can occur. 2In addition, sharks have potential in almost all parts of their body ranging from fins, meat, skin, and teeth.These body parts are usually processed as food and crafts and sold locally or shipped to certain countries. 3 the Bangka Belitung Islands itself, shark fishing is a bycatch which then becomes the main catch of fishermen due to economic pressure factors causing shark exploitation.This is in accordance with the results of an interview that mentioned one of the large ports in the Bangka area in 2017 had several sharks that were included in the IUCN and Cites conservation status, one of which was a silk shark besides that there were stingrays which were also the main catch of fishermen in the harvest season.For example, in 2018 about 5,517kg of punai sharks were found while in 2020-2021 at least with the total fish production of 4,057,024 and approximately 1,987 production of Brown Banded Bamboo Sharks and for Thresher sharks as much as 21,053 kg.
There are several foundations that will be used in this research which are the focus in maintaining the sustainability of sharks and the preservation of marine ecosystems, especially in the Bangka Belitung Islands Province, which are as follows; 1.The Convention on International Trade In Endangered Species Of Wild Fauna And Flora (CITES); 2. Concept of Sustainable Development (SDGS); 3. Blue Economy.
These foundations and concepts are used in dealing with the problem of shark fishing which is still rampant despite being protected by law, which will cause a decline in shark species that will affect the marine ecosystem due to a decrease in population from the top of the food chain, and will have an impact in the future.Therefore, this study will discuss the 2 Tirtayasa Journal of International Law, Vol. 2 No. 2, December 2023, ISSN 2961-8355|87 impact of shark fishing exploitation, the legal basis used for its protection, and the principles used in the importance of protecting sharks such as silky sharks that are still frequently fished and threatened.

B. Research Method
In this study researchers used normative research which refers to the search for data from materials and secondary sources such as official documents, rules or regulations in force in Indonesia.The types of secondary sources can be books, journals, or non-official document publications in the form of comments on court decisions that are in accordance with the research theme. 4The sources and materials used will later become footing materials and references in research writing.

C. Discussion
The developments and advances world technology had led into determination to maintaining legal order. 5Those are always related to the principle of non-interference when discussing the relationship between international law and national law. 6There are several regulations or rules related to the protection of silky sharks that exist both internationally and nationally.As we know that Indonesia is one of the world richest states in terms of resources, both renewable resources and non-renewable resources. 7This content analysis will be the basis for knowing how effective the policies in Indonesia are in dealing with issues related to shark poaching.Here are some of the rules or regulations that apply to sharks from an international and national perspective: Ocean Tuna Commission.IOTC has several specific rules related to shark fisheries, including: 8 1) Each country is obliged to release the catch of sharks that are still alive, especially those that are pregnant and juveniles.2) Each country is also required to conduct research on selective shark fishing gear.
3) Contracting Party in each country are obliged to report shark catches obtained based on historical catches.4) All fishing vessels are prohibited from keeping shark fins and are prohibited from transferring them to other vessels and even landing the shark fin catch that is not in line with Resolution 05/2005.
In order to follow up on the provisions issued by IOTC, Indonesia through the Directorate General of Capture Fisheries in 2011 issued a ban on the capture of three species of sharks from the Alopiidae tribe in Indonesian waters, including Alopias pelagicus, A.
superciliosus and A. vulpinus.However, this ban has not been effective because the reality in the field shows that sharks caught are usually in a weakened or even dead condition.
Another consideration that underlies the weakness of this ban is that fishermen feel that it is a loss if their catches have to be thrown back into the sea.Therefore, this ban must be accompanied by continuous guidance and socialization to build public awareness, especially among fishermen, so that they understand about several types of sharks that are vulnerable and endangered. 9

b) CCSBT (Commission for the Conservation of Southern Bluefin Tuna)
Commission for the Conservation of Southern Bluefin Tuna or CCSBT is one of the international regulations that has also been ratified by Indonesia and contained in accompanied by reports on the various actions that have been taken while dealing with the ERS. 10

Urgency Of Silky Shark Protection in The Province Of Bangka Belitung
Islands Based On National Law Shark fish is one of the wildlife protected by national law stipulated in law number 5 of 1990 concerning the conservation of biological natural resources and their ecosystems.
Found in article 2013 in article 20 paragraph (2) "protected plant and animal species as referred to in paragraph ( 1) are classified as: a. Plants and animals in danger of extinction; b.Plants and animals whose populations are rare".It also depends on the type of shark caught, including whale sharks, hammerhead sharks, and cowboy sharks, as well as lanjaman sharks, as well as several regulations governing sharks, namely, 11 cowboy shark (carcharhinus longimanus) and hammerhead shark (sphyrnidae).
The protection status of cowboy sharks in Indonesia is regulated in the regulation of the minister of marine affairs and fisheries number 5 of 2018 concerning the prohibition of the release of cowboy sharks and hammerhead sharks from the territory of the republic of Indonesia outside the territory of the republic of Indonesia.Which is listed in article 2 paragraph (1) which reads "every person is prohibited from releasing cowboy sharks (carcharhinus longimanus) and hammerhead sharks (sphyrna spp) and their processing products from the territory of the Republic of Indonesia outside the territory of the Republic of Indonesia.". 12 This ban aims to maintain the availability of cowboy shark stocks in the hammerhead.In addition, this shark is included in appendix ii cites and in the iucn (international union for conservation on nature) itself explains that the status of cowboy sharks is critically endangered and hammerhead sharks are vulnerable.
Whale shark (rycondon typus) in the national protection of whales is fully protected in national regulations, namely the Minister of Marine Affairs and Fisheries Regulation No. 18 of 2013 concerning the establishment of full protection status of whale sharks.Due to the existence of whale sharks threatened with extinction. 13In addition, whale sharks are also protected by cites, which is in accordance with the status in the iucn (international union for conservation on nature) that the status of whale sharks is facing extinction.
The rat shark (alopias pelagicus) in Indonesia is protected by the regulation of the minister of marine affairs and fisheries number 57 of 2014 concerning the second amendment to the regulation of the minister of marine affairs and fisheries number per.30 / min/2012 concerning capture fisheries business in the fisheries management area of the republic of Indonesia, this is listed and also internationally protected by appendix ii cites. 14e lanjaman shark (carcharhinus falciformis), also known as silky shark, is protected by appendix cites ii and has been banned from being exported outside Indonesia based on kkhl circular letter no.2078/prl.5/x/2017.
The silky shark itself has been protected by international law but not in national law, this can lead to exploitation of sharks because the protection of sharks that are deployed is not optimal in the marine waters of Bangka Belitung, the type of silky shark is also hunted by fishermen, this is less controllable because shark fishing is basically taken by taking shark fins which are immediately cut and the body is thrown back into the sea, the lanjaman shark or silky shark itself was originally also protected with the status of "near threatened". 15 this case shark fishing is of course still allowed by following the applicable regulations and conditions, both Indonesian national law and regulations in international law to optimize the utilization of marine resources, but in practice fishing often occurs excessively, causing fish populations to drop drastically, which is feared to be related to fish extinction.Apart from fishing, the decline in the number of fish species can also be caused by other factors such as pollution in the water, but the decline in the shark population is mostly due to human activities.16 The frequent capture of silky sharks on a regular basis can also be encouraged by the lack of assertiveness of the government in implementing law enforcement regarding silky shark fishing.In this case, of course, the government also has a role to be able to prevent the exploitation of sharks so that sharks do not experience mass extinction due to large-scale fishing and lack of legal awareness for people who are shark catchers.
Overfishing is the act of catching fish in a large-scale exploitation that can eliminate fish populations and does not consider the impacts caused.Shark finning is the act of catching sharks by cutting off the fins and removing the body parts. 17 For example, in research on shark fishing in Papua, it is explained that shark fishing in Papua is quite a lot, this can be seen from the periodic fishing from August 11 to October 21, 2019, with the following types, among others, Anoxypristis cuspidate, orectolobus cf ornatus, sphyrna lewini, carcharhinus brevipinna, galeocerdo cuvier, carcharhinus limbatus, alopias spp, carcharhinus falciformis, carcharhinus tjutjot, sphyrna spp.Where later the shark will be processed, namely through the separation of the body and head then frozen and exported. 18e research process of shark fishing in Bali also often occurs where sharks that have been caught are sold to the market, but the condition of the shark is not intact, only the fins of the shark and several samples of cut shark body parts in this case are tested using dna barcoding, namely as a determinant of the match of the sample code obtained with the results of blast comparison of primary biological sequence information with.Phylogenetic analysis can also determine kinship between species.And the results showed that hammerhead sharks, monkey sharks and silky sharks were accurately identified. 19cause shark poaching is rampant, this can also occur due to a lack of knowledge, poverty, habits that occur in an area or place.In addition, this capture occurs due to the factor that sharks themselves are caught only as a side job for fishermen but because of the soaring market prices for fins, meat, skin and others, it makes fishermen turn their side job into their main job because of the high prices offered.This is what makes some of the existing regulations regarding the protection of sharks insufficient to maintain the sustainability of these sharks because in the regulation of shark fishing areas still continues to occur, in Bangka Belitung, silky sharks are not well enough regulated and managed in their utilization.
The impact of increased silky shark fishing can lead to extinction of course for sharks.
This will have an impact on other fish species and because sharks are one of the predators in the sea as a predator of small marine fish and maintain the continuity of the food chain in this case means that silky sharks also maintain the sustainability of the fish population in the sea, cleaning the ecosystem by preying on animals affected by the disease, In addition to the threat to the sustainability of the food chain, there is also the death of by-catch businesses due to silky shark fishing because basically sharks have a low level of sexual maturity and offspring so that the resulting population is not large enough, therefore overfishing of silky sharks is very proportional to the breeding conditions of sharks.As for why silky sharks are often caught, one of them is to be used as processed food such as shark fin soup and sold as a banquet menu, in addition to fins there are also shark skin and oil which are considered to be medicines and objects such as wallets and much more. 20donesia itself is a country that has a large enough water area where livelihoods as a fisherman are certainly not new, therefore marine resource management is very important for Indonesia, which is a country with 60% water area compared to its land area because proper management will facilitate the life system and also the Indonesian water system itself has ratified international law to protect marine resources for protected animals such as appendix ii cites.It can also be other forms of concern such as the regulation of waters contained in UNCLOS.21 From this data, the government must pay more attention to these incidents because this will have a bad impact in the future and provide huge losses in the marine sector in the long run.There are three bases that can be used by the government in its efforts to protect sharks, especially silky sharks in the Bangka Belitung Islands Province, which will be discussed as follows.

The Convention on International Trade in Endangered Species Of Wild Fauna
And Flora (CITES) The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international treaty that occurs in order to regulate the cross-border trade of wildlife which is a threatening factor to the extinction of a species between governments.Furthermore, the cites convention has in detail regulated rare animals and plants to maintain their rarity and sustainability.The cites rules that provide for the protection and conservation of sharks are in appendix ii.Indonesia, which has addressed the protection status of sharks by establishing several national policies to protect sharks included in the CITIES list, does not match the reality.In fact, these national policies are still minor because in terms of regulations, they only prohibit exports of cowboy and hammerhead sharks.In this case, the government should pay more attention to shark protection by limiting fishing and trade, which is now rampant by fishermen who are tempted because the economic value of shark catches is very high, especially in the Bangka Belitung archipelago province.The government, starting from the local government of the Bangka Belitung archipelago, can take steps by issuing regional regulations such as those carried out by the Raja Ampat regional government, which issued regional regulations regarding the regulation of protected shark species and shark fishing is only allowed for several types of sharks that are not categorized as rare.That way shark fishing will not be done arbitrarily or prevent exploitation.

Blue Economy
Blue Economy is a concept of improving marine resources that serves as an economic enhancement of several creative and innovative activities by ensuring sustainability and environmental sustainability.The blue economy concept emphasizes the accuracy of more efficient benefits.This efficiency will be the basis for encouraging the continuation of business and investment in marine resources while maintaining a sustainable environment.
Which means that with the blue economy this activity will be in accordance with environmental standards.All forms of waste originating from fisheries activities must be in accordance with the concept of blue economy, which is not allowed to pollute the soil or water. 22The Potential and Challenges of Blue Economy in Supporting Economic Growth in Indonesia discusses the importance of the blue economy refers to the utilization of marine resources and economic growth that can improve livelihoods Indonesia as the largest archipelago in the world has enormous potential marine resources and fisheries blue economy promotes sustainable development of the ocean economy, and is usually described as a policy of enhancing the three dimensions of ocean utilization embodied in the sustainable development paradigm: social, environmental, and economic simultaneously in addition to the life that depends on water / marine resources that have significant use of food, energy, and bio-based products.However, marine ecosystems themselves are subject to increasing pressure and competitive use, due to overexploitation of resources and pollution.
In addition, the results of the discussion of this journal also relate to the marine-based food processing industry which explains that Indonesia has an abundant fisheries and seafood processing sector, but the blue economy needs to be studied in each industrial sector.This is because each of these industries faces diverse and unique conditions.among others, in the fishing industry sector, the existence of overfishing in national capture fisheries has the potential to damage future economic potential and the utilization of marine resources can damage the potential of the marine economy in Indonesia.There is also a marine-based food processing industry where the capacity of sea-based food processing units is generally still low and the lack of skills and technical knowledge of human resources on production standards.

Sustainable development (SDGS)
Sustainable development (SDGS) is a concept that is carried out in several sectors.goals.The conditions of the oceans that occur are certainly not in accordance with the concept of suitable development goals emphasized by the government, one of which is in the water sector, the concept of SDGS is made for the welfare of the community by supporting the economy by utilizing marine resources as the economic livelihood of the community, but in its application, the emphasis on the use of SDGS is a challenge in itself, such as the exploitation of fish, this is certainly a shortage of marine resource commodities.
Because marine used by exploitation can cause environmental damage due to damage to the food chain, therefore SDGS was originally created to carry out the concept of utilizing the community's economy to remain prosperous and fair but not destructive.SDGS also aims to strengthen equality and justice of human rights.Sustainable fisheries are one of the developments in the concept of utilizing natural resources by maintaining the availability of resource populations that can be utilized for the present and also the future.SDGS also aims to strengthen equality, non-discrimination, and human rights.Sustainable fishery is one of the concept developments of the SDGS goal, namely fisheries management that keeps a resource available and can be utilized for the present and future. 23With this concept of sustainable development, the government should be encouraged to protect and conserve sharks, especially the silky shark, to prevent adverse and prolonged impacts in the future.
Thus, to combat marine pollution, including the destruction of its ecosystems, UN member states and the other international organizations must take preventive measures and warn the international community.24That way, both in terms of economic, social, and also the environment, will be able to be maintained for a long sustainability in the future.

D. Conclusion
The conservation status of silky sharks has been redlisted by the IUCN, which is endangered.If the exploitation of sharks such as silky sharks continues, it will lead to an increase in the conservation status of these sharks and will lead to extinction.The hunting of this rare species, which is key to the food chain and an important part of the marine ecosystem, will certainly have an impact on the sustainability of sharks in the world, whose population is currently declining.The implementation in the field such as efforts to protect sharks which are part of the marine ecosystem has not been achieved and run effectively.The role of both central and local governments is very important for the protection of sharks, one of which is the longline shark species which does not yet have full protection in Indonesia.Indonesia as a country that has ratified the cites is obliged to provide policies related to efforts to protect longline sharks in Indonesian waters, especially in the Bangka Belitung Islands.

E. Suggestion
Sharks are animals that play an important role in maintaining the marine ecological system.If the shark population declines, the food chain system in the ocean will be disrupted.
For example, when there is a decrease in the shark population in an area, the population of fish that are a source of food for sharks such as stingrays will experience a population surge which will cause a decrease in the population of the food chain below the shark, such as shellfish.There are several suggestions that the government can do in an effort to protect or conserve sharks: 1.The government can pay more attention to issues related to shark conservation and not underestimate the prolonged impacts that will occur.This can start with regulations that can be made by local governments in supervising shark fishing in coastal areas carried out by fishermen.Local governments can take steps to design spatial arrangements that protect important shark habitats, such as nurseries being converted into conservation areas and the development of seasonal open-close systems in some shark fishing areas.This is done to reduce fishing pressure in areas known to have high shark abundance.
2. Technical regulation can be done by developing fishing regulations, for example by regulating the number of vessels allowed to catch sharks, regulating the number of days at sea in a year for each shark fishing vessel, and/or regulating the type and amount of fishing gear used (e.g., number of fishing lines).

1. Urgency of Silky Shark Protection in The Province of Bangka Belitung Islands Based on International Law a) IOTC (Indian Ocean Tuna Commission)
One of the international regulations that has been ratified by Indonesia is the IOTC.This regulation is then contained in Presidential Regulation of the Republic of Indonesia Number 9 of 2007 concerning Ratification of the Agreement for Establishment of the Indian 14 Peraturan Menteri Kelautan Dan Perikanan Nomor 57 Tahun 20 Tentang Perubahan Kedua Atas Peraturan Menteri Kelautan Dan Perikanan Nomor Per.30/Men/2012 Tentang Usaha Perikanan Tangkap di Wilayah Pengelolaan Perikanan Negara Republik Indonesia.
15Vista DheaNurastri andIlham Marasabessy, "Status Konservasi Ikan Terancam Punah yang Diperdagangkan Keluar Kota Sorong (Studi Kasus: Ikan Hiu Berdasarkan Identifikasi di Loka Pengelolaan Sumberdaya Pesisir dan Laut Sorong)", Jurnal Riset Perikanan dan Kelautan (JRPK), Vol. 3 No. 1, 2021, p. 304. 16Gelorya Dr Pinem, Undergraduate thesis: , "Pengelolaan Sumber Daya Alam Terhadap Penangkapan Ikan Oleh Negara Di Laut Lepas Menurut Hukum Internasional", (Manado Fakultas Hukum Unsrat,2019) , Hal 117-119 Tirtayasa Journal of International Law, Vol. 2 No. 2, December 2023, ISSN 2961-8355|91 One of them is the sustainable fisheries sector, starting from the world agenda activities, this is marked by the existence of a fisheries code of conduct document formed by the fao in 1995.The establishment of SDGS in Indonesia is further regulated in presidential regulation number 59 of 2017.In law number 45 of 2009 in managing fisheries all efforts, including processes organized in the form of information collection, analysis, planning, consultation, decision making, allocation of fish resources, and implementation and enforcement of fisheries laws and regulations, carried out by the government and other authorities must be delivered in order to achieve the sustainability of aquatic biological resources and agreed 22 Marihot Nasution, Literature Studies, "the Potential And Challenges Of The Blue Economy In Supporting Economic Growth In Indonesia: Literature Review", (Pusat Kajian Anggaran, Badan Keahlian DPR RI), p. 342-344.