Sustainability Management and Planning of Coastal Areas and Small Islands to Ensure Environmental Justice for Fishermen Communities

Journal of Environmental Treatment Techniques

2021, Volume 9, Issue 1, Pages: 117-121

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal web link: http://www.jett.dormaj.com

https://doi.org/10.47277/JETT/9(1)121

Sustainability Management and Planning of Coastal

Areas and Small Islands to Ensure Environmental

Justice for Fishermen Communities

Nuswantoro Dwiwarno , Lazarus Tri Setyawanta, Retno Saraswati

Diponegoro University, Semarang, Indonesia

Received: 01/09/2020

Accepted: 20/10/2020

Published: 20/03/2021

Abstract

As the largest archipelagic state in the world, most provinces in Indonesia have coastal areas with different physical characteristics. In

addition, Indonesia has small islands located on the outer side of the country. So far, there are unclear regulations and management to protect

the ecological environment in these areas, as well as legal protection for residents. This study seeks to analyze the sustainability management

in coastal waters and development planning of small islands to ensure environmental justice for fishermen communities with special reference

to Law No. 1 of 2014 regarding the Management of Coastal Areas and Small Islands. This study also wants to analyze the obstacles in the

implementation of Law No. 1 of 2014 regarding Management of Coastal Areas and Small Islands. The results showed that the coastal waters

management scheme according to the law is carried out through the mechanism of location permits and management permits and requires

that the permits granted must not violate the decision of the Constitutional Court. In addition, in this law, the government grants the

community the right to propose the preparation of Strategic Zoning Plan for the Management of Coastal Areas and Small Islands.

Keywords: Sustainable Development, Spatial Planning, Marine Environment, Small Island, Environmental Justice, Indigenous Rights

damage to coastal areas [11, 12, 13, 14].

Introduction

In order to ensure the sustainability of natural resources and

planned coastal management; integrated and providing great

benefits to coastal communities, the Government enacted Law

No. 27 of 2007 concerning Management of Coastal Areas and

Small Islands [15]. One of the legal breakthroughs in this law is

the emergence of Coastal Water Concession Rights (hereinafter

referred to as HP-3). Instead of realizing the welfare of the fishing

community, the enactment of this law has actually triggered

polemics and resistance from various groups, especially the

enforcement of the HP-3 which is feared to displace fishing

communities from their traditional fishing areas.

An eminent environmentalist, Wahana Lingkungan Hidup

Indonesia (Walhi) along with several non-governmental

organizations (NGOs) as well as fishing communities agreed to

submit a request to the Constitutional Court for a Judicial Review.

In essence, they asked for the annulment of several articles related

to HP3 in Law No. 27 of 2007, because they were considered to

be against the interests of the Indonesian people, in particular

Article 33 and Article 18 letter B; Article 28 I; and Article 32 of

the 1945 Constitution of the Republic of Indonesia. Through

decision Number 3/PUUVIII/2010 the Constitutional Court (MK)

finally granted part of the petition and stated that the articles

related to HP-3 no longer have binding power because they

contradict the 1945 Constitution of the Republic of Indonesia.

Following up on this decision, the government issued Law No. 1

Indonesia is the largest archipelago in the world consisting of

7,499 islands, making it the largest archipelagic state in the

planet. The total area of Indonesia is 7.81 million km, consisting

of 2.01 million km of land, 3.25 million km of ocean, and 2.55

Exclusive Economic Zone (EEZ). As an archipelago, most

provinces in Indonesia have coastal areas with different physical

characteristics [1, 2]. Indonesia is a country with the longest

coastline in the world, formed from geological formations since

the Pleistocene [3, 4, 5]. With its characteristics that are formed

from thousands of islands, Indonesia has an inland sea in the form

of straits, coastal waters, bays and other forms of water with a

very large number (93,000 square kilometers), and 6,159,032

km2 of the Exclusive Economic Zone [6, 7]. Coastal waters have

a strategic meaning in building the nation and the welfare of its

people because it is an important area from a planning and

management point of view [8, 9]. On the other hand, the misuse

of natural resources in coastal areas can result in threats to the

sustainability of very critical ecosystems [10]. Problems that

occur in coastal areas and small islands, among others, occur due

to conflicts between government agencies (sectorial conflicts);

conflict because the regional government which has the authority

is not immediately responsive to solve problems in the field over

seizure of catchment areas. Likewise, with exploration,

exploitation, conservation and management of marine resources,

in practice irregularities have occurred which have resulted in

Corresponding author: Nuswantoro Dwiwarno, Diponegoro University, Semarang, Indonesia. E-mail: nunus@live.undip.ac.id

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Journal of Environmental Treatment Techniques

2021, Volume 9, Issue 1, Pages: 117-121

of 2014 concerning Amendments to Law No. 27 of 2007. One of

the reasons for the cancellation of the HP-3 is stated in the dictum

of consideration of the Court which explicitly states that the

government's objective in managing coastal areas and small

islands cannot be carried out/will not be achieved if the

management scheme is to provide HP-3.

realize the greatest prosperity of the people.

In general, this law includes granting the right to the

community to propose the preparation of a Strategic Plan, a

Zoning Plan, a Management Plan, and an Action Plan for the

Management of Coastal Areas and Small Islands; Regulations

regarding Location Permits and Management Permits for

Individuals and Customary Law Communities, Local

Communities, and Traditional Communities who utilize

resources in coastal areas and small islands; regulating the use of

small islands and the waters around them; The HP-3 revision

scheme is not just a change of rights (Coastal Water Concession

Rights) to a permit (Coastal Water Management Permit), but

ensures that the permits granted cannot violate 4 things as decided

by the Constitutional Court.

Law No. 1 of 2014 does not change all articles concerning

coastal area management, only changes to articles related to HP-

3. The management of coastal areas is mentioned in Article 1

point 1, namely the Management of Coastal Areas and Small

Islands is a coordinating planning, utilization, supervision and

control of coastal resources and small islands carried out by the

Government and Regional Governments, between sectors,

between terrestrial and marine ecosystems, as well as between

science and management to improve people's welfare. This law

also eliminates the meaning of HP-3 completely and replaces it

with a permit. The meaning of license is stated in Article 1

number 18 and 18A, specifying that Location Permit and

Management Permit. The Location Permit is a permit granted to

utilize the space of a portion of coastal waters covering sea level

and water column up to sea level at a certain extent and/or to take

advantage of a part of small islands. Furthermore, it is specified

that Management Permit is a permit granted to carry out activities

to utilize the resources of coastal waters and waters of small

islands.

This provision is reaffirmed in Article 16 paragraph (1) and

paragraph (2) which states that every person who will carry out

spatial utilization of part of the coastal waters and partially

exploiting small islands is obliged to have a location permit. (2)

Location Permit as referred to in paragraph (1) shall be the basis

for granting Management Permits, which are granted by the

Minister, Governor or Regent/mayor according to their respective

authorities, based on zoning plans, the interest of preserving

coastal ecosystems and small islands, traditional fishing

communities and national interests. This location permit is

exempted or cannot be granted in the core zone in conservation

areas, sea lanes, port areas, and public beaches. Article 20 states

that the Government and Regional Governments are obliged to

facilitate the granting of Location Permits and Management

Permits to Local Communities and Traditional Communities, as

well as determine the requirements, procedures for granting,

revocation, period, area, and expiration of Location Permits and

Management Permits regulated by Government Regulation.

The provisions of the obligation to obtain a permit before

utilizing space are exempted for customary law communities,

because this permit falls under the authority of the local

Customary Law Community. Even so, in the utilization of space

and resources of coastal waters and waters of small islands by the

customary law community must consider the national interest and

in accordance with the provisions of laws and regulations.

Another thing that is different from Law No. 27 of 2007 is the

definition of society, including those of traditional communities,

which previously this definition was separated separately in Law

On this basis, the government issued a legal policy by

enacting Law No. 1 of 2014 as an amendment to Law No. 27 of

007 concerning Management of Coastal Areas and Small Islands

which are considered not to side with fishing communities.

However, whether the enactment of Law No. 1 of 2014 can

guarantee that the rights of fishing communities will be

accommodated, if only looking at the issue of management rights

changing to permits only. Another problem is related to

harmonization and synchronization with several previous

legislations that have been enforced [16, 17, 18, 19, 20, 21]. This

research was conducted to analyze the sustainability management

in coastal waters and development planning of small islands to

ensure environmental justice for fishermen communities with

special reference to Law No. 1 of 2014 regarding the Management

of Coastal Areas and Small Islands. This study also wants to

analyze the obstacles in the implementation of Law No. 1 of 2014

regarding Management of Coastal Areas and Small Islands.

Legal Norms for Spatial Planning of Coastal

Waters

The implementation of HP-3 as regulated in Law No. 27 of

007 has received many rejections because crucially HP-3

violates the constitution, where the rights of fishing communities

on the coast are neglected by HP-3. These rights are (1) the rights

of fishing communities to access resources on the coast; (2) the

right to manage/utilize resources; (3) the right to manage

resources according to traditions and beliefs/local wisdom and (4)

the right to get a clean coastal environment. The four rights are

inherent in the traditional fishing community and cannot be

exchanged for overthrow. Management of Coastal Zone and

Small Islands through the mechanism of granting HP-3 actually

reduces the state's control over the Management of Coastal Zone

and Small Islands. Through its decision Number 3/PUU-

VIII/2010, the Constitutional Court cancelled the implementation

of HP-3 as regulated by Law No. 27 of 2007 because it contradicts

the 1945 Constitution of the Republic of Indonesia.

The politics of law of Law No. 1 of 2014 is evident in the

preamble which states that the basis for the consideration of the

issuance of this law is that the state is given the mandate of the

945 Constitution of the Republic of Indonesia to control coastal

areas and small islands to be used maximally for the welfare of

the people [22, 23]. In addition, it also states that the state

recognizes and respects indigenous peoples and their traditional

rights as long as they are still alive and in accordance with

community development and the principles of the Constitution,

which are regulated in law [8, 19, 24]. The meaning of this

provision, state recognition and respect for customary law

communities and their traditional rights becomes the spirit in the

management of coastal areas. Likewise, the purpose of the

stipulation of this law as an amendment to the old law, it is clearly

stated in Article 33 paragraph (3) and paragraph (4) of this

preamble, which in essence is the right to control the state over

the land, water and natural resources contained therein for used in

economic activities based on economic democracy in order to

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Journal of Environmental Treatment Techniques

2021, Volume 9, Issue 1, Pages: 117-121

No. 27 of 2007. Based on these general provisions, the state

through this law recognizes the existence of traditional

communities along with Traditional rights that are still alive in a

certain area are part of the community's understanding that needs

to be considered in their involvement in coastal management. The

difference between the politics of law in Law No. 1 of 2014 and

the previous law is the obligation to involve the community in the

preparation of the Strategic Plan; Zoning Plan; Management Plan

and Action Plan for the Management of Coastal Zone and Small

Islands, as stated in Article 14 paragraph (1) and paragraph (2).

Community involvement (customary law communities, local

communities and traditional communities) in the preparation of a

coastal area management plan is a new norm that was previously

ignored in Law No. 27 of 2007. Community involvement in the

process of compiling strategic plans, management plans and in

coastal area management action plans. It is hoped that the state

really accommodates and pays attention to and protects

community units and their traditional rights, so that they are not

reckless and bump into or ignore their existence when the

government issues coastal management permits to individuals or

corporations.

and encouraging community initiatives in the management

of coastal resources and small islands in order to achieve

justice, balance and sustainability

This goal, however, is not realized by the government through

the HP-3 scheme. Even though Law No. 1 of 2014 has changed

the concept of HP-3 into licensing, in practice its implementation

is still experiencing obstacles due to the substance of the law and

its linkages with the authorities of other institutions, resulting in

overlapping legal regulations; dualism of arrangements for

aspects of the same object arrangement as well as institutional

authority and others.

Some of the problems become obstacles to implementation.

From the legal aspect, the problem of implementing dualism of

Management Permits and Concession Permits in Coastal Spaces

is based on Law No. 1 of 2014 and Government Regulation

Number 36 of 2010 concerning Natural Tourism Exploitation.

Article 19 paragraph (1) of Law No. 1 of 2014 concerning

provisions for management permits and concession permits in

coastal areas conflicts with Article 8 of Government Regulation

Number 36 of 2010. The licensing mechanism in two different

ministries is still valid. This of course has the potential for

inefficiency in bureaucratic management and also has

implications for high costs.

Dualism of Regional Regulations on Spatial Planning and

Zoning Plans for Coastal Areas and Small Islands. According to

Article 9 paragraph (5) of Law No. 27 of 2007, the Zoning Plans

is stipulated by a Regional Regulation. Meanwhile Article 24

paragraph (1) of Law No. 26 Of 2007 explains that detailed spatial

planning is also stipulated by Regional Regulation. The Spatial

Planning rules regulate relatively the same things but at the

technical level two different Regional Regulations must be issued.

Legal certainty conflicts of authority Planning and granting

location permits and management permits based on Law No. 1 of

Thus, the legal politics of Law No. 1 of 2014 essentially

eliminates the legal norms regarding HP-3 as regulated in Law 27

of 2007 and replaces them with location permit mechanisms and

management permits. However, the political legal construction of

this law is not just a change of rights (HP-3) to a permit (Coastal

Water Management Permit), but ensures that the permits granted

cannot violate the rights of fishing communities as mentioned

above, which are decided by the Court Constitution.

Implementation of Sustainability Management

of Coastal Areas and Small Island

Law No. 1 of 2014 as an amendment from Law No. 27 of

007 contains the main points determined by the Constitutional

014 and Law No. 23 of 2014. The legal norms of the two laws

Court, because the nature of the decision is binding. Apart from

that, it is also a form of state responsibility to provide protection

with the principle of social justice as referred to in the fourth

paragraph of the Preamble to the Constitution and Article 33

paragraph (4) of the 1945 Constitution. Several changes in norms

in Law No. 1 of 2014 include:

have differences in planning institutions as well as issuing

permits. In Article 14 and Article 50 paragraph (3) of Law No. 1

of 2014 the authority rests with the regional government

province and district/city) to manage the coast and small islands

comprehensively. On the other hand, Article 27 of Law No. 23 of

014 has the authority only in provincial areas to manage natural

resources in the sea in their territory. The inconsistency between

Law No. 1 of 2014 and Law No. 23 of 2014 has resulted in unclear

authority in issuing location permits and resource management

permits in marine areas, as well as unclear division of functions

and roles between the Provincial Government and District/City

Governments in resource management the coast.

Legal certainty for foreign investment licensing based on Law

No. 1 of 2014 with Law No. 25 of 2007. Article 26A paragraph

1) of Law No. 1 of 2014, the use of small islands and the use of

the surrounding waters for investment foreigners must obtain the

Minister's permission. On the other hand, Article 26A paragraph

5) relates to investment for investment in small islands, outlines

that specifically for the gradual transfer of shares to Indonesian

participants and land area with due regard to ecological, social

and economic aspects is mandated to be stipulated through a

Presidential Regulation. The conflict that occurs in this case is

legal regulations related to business permits in the framework of

foreign investation in small islands. In this case, there are two

agencies authorized to issue permits, namely the Ministry of

Marine Affairs and Fisheries as referred to in Article 26A

(

The involvement of fishing communities in the

management of coastal waters which results in the

emergence of indirect discrimination

Equity and management in the utilization of coastal space

by fishing communities

The holder of a coastal water’s management permit may not

lose the rights of traditional fishing communities and local

wisdom on coastal areas because it is contrary to the

concept of customary rights and traditional rights of the

people which cannot be limited because they can be enjoyed

from generation to generation (just saving principle).

As a form of the government's political will to realize the

ideal goals for managing coastal areas and small islands,

including to protect, conserve, rehabilitate, utilize, and

enrich coastal resources and small islands and their

ecological systems in a sustainable manner; to create

harmony and synergy between the Government and

Regional Governments in the management of coastal

resources and small islands; and, to strengthen the

participation of the community and government institutions

(

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2021, Volume 9, Issue 1, Pages: 117-121

paragraph (1) of Law No. 1 of 2014; as well as the Ministry of

Trade based on Law No. 25 of 2007 and Presidential Regulation

No. 36 of 2010 concerning the Limitation of Closed Business

Fields and Open Business Sectors.

and restrict the freedom of access to coastal community resources.

The fact is that not all coastal communities are able to obtain

permits, because most coastal communities are in fact unable,

economically, socially and politically. They do not have equal

power when compared to the owners of capital.

Provisions for the transfer of shares as referred to in Article

6 paragraph (5) of Law No. 1 of 2014 are not in sync with Law

Article 21 and Article 22 of Law No. 1 of 2014 provide

protection for customary law communities, namely exemption

from the obligation to have permits, both location permits and

management permits. The substance of Article 21 suggests that

there are multilevel requirements, namely to give freedom to

indigenous peoples to manage their livelihood spaces, but it

clashes with the phrase “considering national interests and

recognition of legal status based on statutory regulations”. The

Coastal Law does not define the definition of national interest.

This condition is very potential to expel indigenous peoples from

their territory or living space on the coast if they do not receive

recognition of the legal status of indigenous peoples by the

government.

No. 25 of 2007 concerning Investment. The problem that occurs

in this context is the dualism of legal rules and institutional

authority in licensing investment in these small islands which will

cause problems, namely legal uncertainty for investors.

As a consequence, these legal uncertainties bring back the

privatization of the control of part of the coastal area by private

companies owned by Indonesian citizens/foreigners, which

means that it will be contrary to Article 22A of Law No. 1 of 2014,

namely subjects that are allowed to manage coastal areas.

From the institutional aspect, there is a conflict of authority

of the institution which has the right to grant and revoke location

permits and management permits as a result of the dualism of

legal regulations governing permits as stated in Article 14

paragraph (1); (2) and (4); Article 50 paragraph (4) of Law No. 1

of 2014 with Article 27 paragraph (1); (2); (3) Law No. 23 of

Conclusion

Indonesia has made substantial changes in last decades to

014. Moreover, Law No. 1 of 2014 still gives authority to the

legally increase the capacity for environmental protection in

coastal waters, and to improve spatial management to provide

wider environmental access and rights to local residents. This

change is to protect environmental sustainability and

development in the coastal areas and outer islands. Law No. 1 of

Regional Government/Regent/Mayor to be given the right to issue

and revoke location permits and management permits in

accordance with their respective powers. Meanwhile, Article 27

paragraph (1); (2); (4) Law No. 23 of 2014, authority is only given

to provinces. The regulation of different legal norms based on

these two laws results in legal uncertainty over which institution

has the right to compile a management plan in coastal areas and

who can legally grant location permits and management permits.

Then, the institutional conflict in managing water

conservation, based on Article 78A of Law No.1 of 2014,

Conservation Areas in Coastal Areas and Small Islands which

have been established through statutory regulations before this

Law comes into effect are under the authority of the Minister of

Marine Affairs and Fisheries. However, until now the

conservation area as mentioned above is still under the

management of the Ministry of Environment and Forestry on the

basis of the authority granted by Law No. 5 of 1990 concerning

Conservation of Living Natural Resources and their Ecosystems.

Lastly, from the legal service aspects and community

involvement in location permits and management permits. Article

2014 concerning Management of Coastal Areas and Small Islands

is a change in the government's legal politics in the management

of coastal waters. However, this law does not change all articles

concerning coastal area management, only removes articles

related to HP-3 which are regulated in Law 27 of 2007 and

replaces it with the Coastal Water Management Permit

mechanism. The coastal waters management scheme according to

the law is carried out through the mechanism of location permits

and management permits and requires that the permits granted

must not violate 4 things as decided by the Constitutional Court.

In addition, in this law, the government grants the community the

right to propose the preparation of a Strategic Plan, a Zoning Plan,

a Management Plan, and an Action Plan for the Management of

Coastal Areas and Small Islands.

In practice, the implementation of Law No. 1 Of 2014 has

experienced many obstacles, especially synchronization with

other legal regulations that were earlier in effect, causing the

problem of legal uncertainty over the implementation of this law.

Some of the problems that become obstacles to its implementation

include, first, the legal aspects of dualism of management permits

and concessions in coastal spaces based on Law No. 1 of 2014

and Government Regulation Number 36 of 2010 concerning

Natural Tourism Exploitation. Then also the dualism of the

Regional Regulation on Spatial Planning and Regional Planning

and the Zoning Plan for Coastal Areas and Small Islands. Second,

from the institutional aspect there is a conflict of authority over

the institution which has the right to grant and revoke location

permits and management permits; Conflict in the authority of

planning and granting location permits and management permits

as a result of the dualism of legal regulations of Law No. 1 of

6 Paragraph (1) of Law No. 1 of 2014, clearly stated that anyone

who uses space from part of the coastal waters and utilizes part of

small islands permanently is required to have a location permit.

The phrase "Everyone", means that including local communities

and traditional communities, they still have to take care of

location permits and management permits when they are going to

carry out economic activities in coastal waters even though these

activities are intended to fulfill their daily needs. This norm needs

to be changed, because the Government can be considered as

allowing competition between local communities; traditional

communities with entrepreneurs/investors whose conditions are

different both in terms of access to capital, technology and

knowledge. This has led to unclear licensing procedures, the

division of authority between the central and regional

governments so that it is predicted that it will hamper investment.

Referring to Article 71 Paragraph (1) of Law No. 1 of 2014

states that the utilization of coastal water resources that are not in

accordance with the location permit, as Article 16 Paragraph (1)

is subject to administrative sanctions, will potentially criminalize

2014 with Law No. 23 of 2014; water conservation management

institutional conflicts. Third, the aspect of legal services and

community involvement in location permits and management

permits, as if the government has allowed the struggle for coastal

waters management between traditional fishing communities and

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2021, Volume 9, Issue 1, Pages: 117-121

investors who own capital.

in Indonesia Reviewed from the Benefits of People's Welfare. In 3rd

International Conference on Globalization of Law and Local Wisdom

(

ICGLOW 2019). Atlantis Press.

Suggestion

0. Evans, S. M., Gill, M. E., Retraubun, A. S. W., Abrahamz, J., &

Dangeubun, J. (1997). Traditional management practices and the

conservation of the gastropod (Trochus nilitocus) and fish stocks in

the Maluku Province (eastern Indonesia). Fisheries Research, 31(1-

2), 83-91.

1. Ferrol-Schulte, D., Gorris, P., Baitoningsih, W., Adhuri, D. S., &

Ferse, S. C. (2015). Coastal livelihood vulnerability to marine

resource degradation: A review of the Indonesian national coastal and

marine policy framework. Marine Policy, 52, 163-171.

The government needs to supervise and if necessary form a

task force to monitor the regional government in granting location

permits and management permits based on 4 matters of the

Constitutional Court decisions, namely (1) the rights of fishing

communities to access coastal resources; (2) the right to

manage/utilize resources; (3) the right to manage resources

according to traditions and beliefs/local wisdom and (4) the right

to get a clean coastal environment. The government needs to

immediately synchronize and harmonize several legal regulations

related to their enactment with Law No. 1 of 2014, so that there is

no overlap in the legal aspects, institutional authority as a result

of dualism of governing legal regulations. If deemed necessary,

change the legal norm of one of the legal regulations according to

the authority of each institution. Several articles in Law No. 1 of

2. Baum, G., Kusumanti, I., Breckwoldt, A., Ferse, S. C., Glaser, M.,

Adrianto, L., ...

investigating marine resource-based livelihoods in Jakarta Bay and

the Thousand Islands. Marine pollution bulletin, 110(2), 778-789.

& Kunzmann, A. (2016). Under pressure:

13. Lumbanraja, A.D., Musyafah, A.A., Saraswati, R., Indreswari, T.L.

2020). The effect of gpa igr-4 on indonesian government policy on

(

marine litter. AACL Bioflux 13(3), 1758-1763

4. Gorris, P. (2016). Deconstructing the reality of community-based

management of marine resources in a small island context in

Indonesia. Frontiers in Marine Science, 3, 120.

5. Nurhidayah, L. (2010). Toward Integrated Coastal Zone Management

in Indonesia: Framework Assessment and Comparative Analysis.

Indonesian Institute of Sciences (United Nations-Japan Foundation

Fellowship program.

6. Waddell, S. (2009). Rising to the challenge of providing legal

protection for the Indonesian coastal and marine environment.

Indonesia Beyond the Water’s Edge: Managing an Archipelagic

State, eds R. Cribb and M. Ford (Singapore: Institute of Southeast

Asian Studies (ISEAS)), 172-194.

17. Prescott, J., Riwu, J., Steenbergen, D. J., & Stacey, N. (2015).

Governance and governability: the small-scale purse seine fishery in

Pulau Rote, eastern Indonesia. In Interactive Governance for Small-

scale Fisheries (pp. 61-84). Springer, Cham.

014, especially the issue of the obligation to obtain permits for

traditional fishing communities, the authority to grant and revoke

permits between local and central governments based on Law No.

3 of 2014.

Ethical issue

Authors are aware of, and comply with, best practice in

publication ethics specifically with regard to authorship

(

avoidance of guest authorship), dual submission, manipulation

of figures, competing interests and compliance with policies on

research ethics. Authors adhere to publication requirements that

submitted work is original and has not been published elsewhere

in any language.

8. van Nimwegen, P. (2017). Shifting waters-Indonesia's dynamic

marine protected area policy seascape (Doctoral dissertation,

Murdoch University).

Competing interests

The authors declare that there is no conflict of interest that

would prejudice the impartiality of this scientific work.

19. Dirhamsyah, D. (2006). Indonesian legislative framework for coastal

resources management: a critical review and recommendation. Ocean

coastal management, 49(1-2), 68-92.

Authors’ contribution

All authors of this study have a complete contribution for data

collection, data analyses and manuscript writing.

0. Darmika, K. (2015). Penegakan Hukum Tindak Pidana Perikanan

Oleh Kapal Perang Republik Indonesia (Kri) Dalam Perspektif

Undang-Undang Ri Nomor 45 Tahun 2009 Tentang Perikanan. Jurnal

Hukum dan Peradilan, 4(3), 485-500.

1. Saraswati, R., Ristyawati, A., Basworo, R.S. (2020). Recent

developments and changes in the governance of regional legal

products in Indonesia: Supervision, evaluation and clarification

mechanisms. International Journal of Innovation, Creativity and

Change 12(7), 1-9.

2. Soedarto, H. (1986). Hukum Pidana. Bandung: Alumni.

3. Mahfud, MD. (2011). Membangun Politik Hukum, Menegakkan

Konstitusi. Jakarta: Rajawali Pers

References

Dahuri, R., Rais, J., Ginting, S. P., & Sitepu, D. M. (2001).

Pengelolaan sumberdaya wilayah pesisir dan lautan secara terpadu

Jakarta: Pradnya Paramita.

Schwartz, M. (Ed.). (2006). Encyclopedia of coastal science. Springer

Science & Business Media.

Harff, J., Bailey, G., & Lüth, F. (Eds.). (2016, January). Geology and

archaeology: Submerged landscapes of the continental shelf.

Geological Society of London.

4. Wever, L., Glaser, M., Gorris, P., & Ferrol-Schulte, D. (2012).

Decentralization and participation in integrated coastal management:

Johnson, D. (2009). The geology of Australia. Cambridge University

Press.

Policy lessons from Brazil and Indonesia. Ocean

management, 66, 63-72.

& coastal

Tyler, P. A. (Ed.). (2003). Ecosystems of the deep oceans. Elsevier.

Faure, M, & Faure, M.G. (2006). Prevention and compensation of

marine pollution damage: Recent developments in Europe, China and

the US. Kluwer Law International BV; 2006.

Frederick, W. H., & Worden, R. L. (Eds.). (1993). Indonesia: A

country study (Vol. 550, No. 39). Government Printing Office.

Huda, N., Saefudin, Y., & Syakirin, M. B. (2018). Strengthening

Indigenous Law to Make a Sustainable Development of the Coastal

Area and Small Islands in Indonesia. In SHS Web of Conferences

(Vol. 54, p. 04003). EDP Sciences.

Anggraini, R., Handayani, I. R., & Sulistiyono, A. (2019, October).

Effectivity Study of Legal Politics of Sea Reclamation Development

121