DEFINITION OF PIRACY

What is meant by the word Pirate? The terms pirates itself means sea robber. In the
English Law terms, there are difference meaning between the word pirates. What is said by
robbery is where a person who take another person’s property by force. It is different between
the word pirates that have the same meaning as robbery but the act is done at the sea. By
following the definition, it must be done at the high sea and out of the jurisdiction of a country.
Besides, within the traditional definition of piracy, it is a robbery that been done at the sea by
a ship towards another ship without the state authority and for personal importance.

Piracy in public international law is defined by the UNCLOS and aims to establish the
jurisdiction to seize and prosecute suspected pirates. Articles 100 to 107 are the provisions that
address piracy and the definition is listed in Article 101(a), according to which piracy consists
of (1) an illegal act of violence or detention, (2) committed for private ends, (3) on the high
seas, and (4) by one ship on another ship. The language from these sections has not changed
substantially from its predecessors, the Convention on the High Seas of 1958, which entered
into force in 1962, and the Harvard Draft Convention on Piracy of 1932.

On the other hand, The International Maritime Bureau (IMB) defines piracy as the act
of boarding any vessel with an intent to commit theft or any other crime, and with an intent or
capacity to use force in furtherance of that act.

Today, there are three major hotspots of piracy which are East Africa, West Africa, and
Southeast Asia. One characteristic generally present across the board is the use of modern
technology to plan and execute the attacks.

In East Africa, the use of sophisticated weapons to hijack ships and hold the crew
hostage has been the prevalent mode of operation. Operating off the coast of Somalia, in the
Gulf of Aden and in the Horn of Africa, piracy attacks often involve the launching of small
skiffs from larger ‘mother ships’, which are usually vessels they previously hijacked. Harm to
the crew has been relatively minimal because the primary motivation has been to extort ransom
payments in exchange for the hostages. For now, Somali piracy is largely contained due to
international responses to the problem, including United Nations and European Union naval
convoys, UN Security Council resolutions allowing ships to enter Somali territorial waters,
effective prosecution, and vigilance by the shipping industry in hiring armed security personnel
and following safety protocols.

Besides that, other than the piracy in East Africa, the Nigerian piracy occurred in the
region spreading from the inland waters of Nigeria to the waters off the coasts of Benin and
Togo in the Gulf of Guinea in West Africa. It has been characterised by greater incidents of
violence, with the highest number killings compared to other regions. The attacks center on
armed robbery and theft of cargo, particularly oil. There is evidence that the tanker oil thefts
are being facilitated by corrupt officials, and the pirates often claim to be redistributing the
wealth generated by the oil trade, which adds a political dimension to the attacks.
 The last major hotspots of piracy can be seen in the area of Southeast Asia. Piracy in
Southeast Asia has long differed from the traditional Western, classical notion of piracy that
has dominated the international dialogue. The two most common types of attacks historically
were night-time theft of property on board ships berthed in port and the stealing and selling of
‘phantom ships’ after repainting and reflagging them, but oil theft is also a growing concern.
The attacks occur in the South China Sea and the territorial waters of Singapore, Malaysia and
Indonesia in the Strait of Malacca. Some industry experts have claimed that many acts of
purported piracy in this region are actually inside jobs designed to perpetrate insurance fraud

Historical Part of Piracy

PIRACY IN MALACCA STRAITS

In the 18 century, piracy in the Malacca Straits not only been done by the Orang Laut
but also by the Malay people such as Minangkabau, Bugis and Lampung. Apart from that,
around the 18 century, there were new tribe appeared and doing the piracy activities in this
area. There were known as Illanun or Iranun that were origin from South Philipines. Their
piracy activities peaked after 1787. In the first place, there were invited by Sultan Mahmud to
help Sultan Mahmud who was in a war with the Dutch. After the war over, Sultan Mahmud
have to move to another place to prevent another attacked from the Dutch but the Iranun did
not move and remained there. So, this is the reason why the piracy activities happened.

IRANUN AND THE PIRACY IN MALACCA STRAITS

The situation is the Straits of Malacca becoming more complex after 1787M. The
existence of The Iranun making the situation becoming worst. After the service given with
Sultan Mahmud, they remain to do their old work which is the pirate activities. Within the
monsoon time in the December to February, the Iranun’s Kora Kora (War Ship) will sail from
their base in Borneo and some others Island in South China Sea to rob other ship or vessel in
the Straits of Malacca. The pirates from the Iranun are more dangerous compared to the Orang
Laut. They are very cruel and they have large and strong army. That why they are classified as
the true enemy by the people from the Straits of Malacca. So whenever the Malays see the
Iranun, they will attacked them.
 PULAU BELAKANG MATI

In the golden era of Melaka Sultanate, the news pertaining the pirates always been
heard. There were some written story that been wrote by the Chinese in the 14M and also 15M.
in the area of Malacca Straits are one of the pirates nest. The ships that sailing near the shore
will always become the victims of the pirates in that area. Wang yu Ruan stated in Tao i Chih
Lioh about the area in the Peninsular in the 14 century that in the area of Lung Ya Men or
known as Selat Gigi Naga there are people who are addicted with the pirates activities. The
Selat Gigi Naga is located between the Pulau Singapura and Pulau Belakang Mati.

Apart from that, this Pulau Belakang Mati also have another history other than the
history of pirates. The name of this Island is derived from the Japanese occupation during
the Second World War. Japanese soldiers would line up prisoners of war along the beach
to execute them by making them kneel down and shooting them in the back. The island
was only renamed as Pulau Sentosa in 1972 with the meaning of peace and tranquility.
PULAU KUKUP

This island is located in the states of Johor which is in the southern of Malaysia.
This island have its own history of piracy activities. According to Abdullah Munsyi,
early Malay Literature stated that “Maka disitulah (Pulau Kukup) tempatnya ditangkap
perompak, sebab ia boleh kelihatan orang. Orang tidak boleh melihat dia. Maka sebab
itulah kerap orang terserempak didapatinya dengan senang”. So, its means that the
pirates activities was been done in this Pulau Kukup. On the other hand, another
historian, Salleh Md Don stated that the piracy activities in the Kukup Island peaked in
the Dutch colonial era between 1818-1824. The pirates activities and seizing of
merchandise there caused the sailors fears to go through the territorial sea of Kukup
Island. Any trading vessels, barge and fishing boats attacked and will be turned upside
down or in Malay means ditelungkup (lingkup) by the pirates. So, from the words
(lingkup) the Kukup Island get its name.
REFFERENCES

1. United Nations Convention on the Law of the Sea

2. Lisa Otto. (2014). Westward Ho! The Evolution of Maritime Piracy in Nigeria
3. Pulau Belakang Mati. (2016). Retrieved from
https://www.dusktilldawnphotography.com/traveljournal
4. Facts About Pulau Kukup. (2018) . Retrieved from
https://www.thestar.com.my/news/nation/2018/12/18/
5. Rahsia Sejarah Gugup. (2019). Retrieved from
http://dialograkyat.blogspot.com/2019/01/menyingkap-rahsia-sejarah-gugup-di.html