Transcript Laode M. Syarif, Indonesia

Promotion and Management of Marine
Fisheries in Indonesia
Laode M. Syarif
Faculty of Law
University of Hasanuddin
Makassar-Indonesia
June 2006
The String of Emeralds on the Equator
Territorial Sea & EEZ of Indonesia
Indonesia’s Code of Arm
Bhinneka Tunggal Ika
(Unity in Diversity)
Quantity and Value of Oil and Gas Export in Indonesia, 1991 - 2004
Oil and Gas
Year
Total Export
Crude Oil
Oil Products
Gas
Total
% Of Oil And
Gas To Total
Weight (million Kg)
1991
39,453.5
7,794.5
25,597.4
72,845.4
115,461.3
63.1
1992
38,861.9
9,996.8
26,466.3
75,325.0
151,680.8
49.7
1993
36,178.0
7,784.4
27,123.2
71,085.6
177,470.8
40.1
1994
43,676.9
8,845.1
29,343.7
81,865.7
225,343.8
36.3
1995
40,674.0
11,163.1
28,189.6
80,026.7
246,109.2
32.5
1996
38,254.9
10,689.3
29,343.6
78,287.7
214,184.3
36.6
1997
38,976.5
10,220.8
29,015.6
78,212.9
254,456.9
30.7
1998
36,914.0
8,435.9
28,953.5
74,303.4
244,924.5
30.3
1999
35,902.5
7,825.4
30,066.3
73,794.2
234,966.1
31.4
2000
29,225.9
8,786.6
65,627.7
225,102.8
29.2
2001
32,857.0
7,007.8
25,235.6
65,100.4
272,456.6
23.9
2002
29,054,3
7,574.0
27,617,7
64,246,0
223,270,1
28,8
2003
26,517.5
7,425.0
27,613.7
61,556.2
219,566.8
28.0
2004
23,467.8
6,800.4
26,594.3
56,862.5
232,317.4
24.5
27,615.2
FOB Value (million USD)
1990
6,219.9
1,183.9
3,667.3
11,071.1
25,675.3
43.1
1991
5,695.7
1,018.7
4,180.5
10,894.9
29,142.4
37.4
1992
5,397.7
1,221.2
4,052.0
10,670.9
33,967.0
31.4
1993
4,778.4
914.7
4,052.7
9,745.8
36,823.0
26.5
1994
5,071.6
932.9
3,689.1
9,693.6
40,053.4
24.2
1995
5,145.7
1,296.9
4,022.0
10,464.6
45,418.0
23.0
1996
5,711.8
1,516.1
4,493.9
11,721.8
49,814.8
23.5
1997
5,480.0
1,302.5
4,840.1
11,622.5
53,443.6
21.8
1998
3,348.6
708.1
3,815.5
7,872.2
48,847.6
16.1
1999
4,517.3
917.9
4,357.0
9,792.2
48,665.4
20.1
2000
6,090.1
1,651.6
6,624.9
14,366.6
62,124.0
23.1
2001
5,714.7
1,189.4
5,732.2
12,636.3
56,320.9
22.4
2002
5,227.6
1,307.5
5,577.6
12,112.7
57,158.8
21,2
2003
5,621.0
1,553.8
6,476.9
13,651.7
61,058.3
22.4
2004
6,241.4
1,654.4
7,749.6
15,645.3
71,584.6
21.9
Export of Non Oil and Gas by Sector and Commodities 2003- 2004
No.
FOB Value
(Million USD)
Sector/Goods
2003
I.
Agricultural Products
1.
Coffee
2.
Shrimp
3.
Spices
4.
Tea
5.
Fish and Other Related
6.
Cocoa
7.
Tobacco
8.
Others
II.
Industrial Products
Growth (%)
2004
Absolute
%
2,526.1
2,496.2
-29.9
-1.2
250.9
281.6
30.7
12.3
852.7
824.0
-28.7
-3.4
186.3
153.7
-32.6
-17.5
91.8
64.8
-27.0
-29.4
424.1
470.7
46.6
11.0
410.5
370.2
-40.3
-9.8
44.5
45.6
1.1
2.5
265.2
285.6
20.4
7.7
40,879.9
48,677.3
7,797.4
19.1
1.
Plywood
1,662.9
1,576.9
-86.0
-5.2
2.
Garments
4,037.9
4,352.0
314.1
7.8
3.
Processed Rubber
2,089.6
2,954.1
864.5
41.4
4.
Furniture & Parts
1,558.4
1,651.0
92.6
5.9
5.
Tulle and Lace
1,310.7
1,274.1
-36.6
-2.8
6.
Base Metal Goods
2,493.3
3,929.7
1,436.4
57.6
7.
Electrical Appliance
3,120.6
3,486.1
365.5
11.7
8.
Audio Visual
2,898.8
2,962.8
64.0
2.2
9.
Fertilizer
187.9
87.8
-100.1
-53.2
10.
Palm Oil
2,454.6
3,441.8
987.2
40.2
11.
Footwear
1,182.2
1,320.5
138.3
11.7
12.
Processed Food
1,241.7
1,518.6
276.9
22.3
13.
Others
16,641.3
20,121.9
3,480.6
20.9
Mining Products
3,995.6
4,761.4
765.8
19.2
1.
Copper Ore
1,854.7
1,802.4
-52.3
-2.8
2.
Coal
1,980.1
2,748.8
768.7
38.8
3.
Nickel Ore
59.5
108.4
48.9
82.2
4.
Natural Sands
9.9
6.7
-3.2
-32.0
5.
Bauxite
18.9
17.2
-1.7
-9.3
6.
Others
72.4
77.9
5.5
7.6
5.2
4.4
-0.8
-15.4
III.
IV.
Other Sectors
Aerial view of mangrove forests that have been
cleared for farming and aquaculture
Overhead view of shrimp aquaculture and industry complex in Java
%
Coral Reefs Condition
50
40
30
Damaged
Fair
Good
Excellent
20
10
0
Year
Fishing Blast
Reefs at Risk in Indonesia
Fish Catchment Production 1999-2003
Name of
island
1999
2000
2001
2002
Sumatra
1 207 637
1 275 952
1 332 159
1 330 905
1 429 428
4.34
Java
873 406
866 363
972 375
1 046 541
1 014 839
4.01
Bali & NTB
216 925
226 788
234 173
249 679
267 613
5.40
Kalimantan
431 426
422 538
438 325
443 299
431 656
0.05
Sulawesi
737 445
766 747
786 128
827 217
849 966
3.62
Maluku &
Papua
543 232
567 137
513 560
480 854
698 294
8.45
4 010 071
4 125 525
4 276 720
4 378 495
4 691 796
4.02
Total
(in Ton)
2003
+%
Total Fishing Fleets Based on Category 1991-2000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
Year
Total
Non-powered boat
Outboard motor
Inboard motor
Economic Value of Fish Catching Production 2000-2003
Year
Total in
Rp.1000
2000
20 052 180 265
2001
24 044 822 088
2002
2003
+%
26 773 560 675
28 986 862 096
13.18
Multiple Demands on Coastal Zones
• fishermen villages,
• traditional and modern ports,
• trade centres,
• industrial estates,
• housing complex,
• tourist attraction, and
• water-front cities, etc…
Trend of EU Import of Frozen Shrimp from Indonesia
Year
Import Value
(Euro 000)
Change
(%)
Volume
(M Ton)
Change
(%)
Price
(Value/Volume)
1996
25030
--
2879
--
8.69
1997
48145
92.35
4799
66.69
10.03
1998
83143
72.69
8323
73.43
9.99
1999
85699
3.07
9856
18.42
8.70
2000
118699
38.51
11734
19.05
10.12
Perception/non-perception of basic fisheries issues
• Government Officials,
• Fishing Industries, and
• Traditional small-scale fishermen
Political debate and public awareness with respect to:
(i) the state of fishing industry,
(ii) overfishing,
(iii) exploitation of adjacent seas by foreign fleets,
(iv) implementation and coherence of fisheries policies, etc
Number of Illegal Foreign Fleets Captured by Coordinated Operation
Year
Number of Fleets
Value (Rp)
2002
198
N/A
2003
144
1,056,000,000,000
2004
68
290,500,000,000
2005 (Jan-Sep)
268
501,000,000,000
Total
678
1,847,500,000,000
Level of Education of Fishery Human Resources
No.
Level of Education
Percentage
1
Finished University & Academy
0,03
2
Finished High School
1,37
3
Finished Junior High School
1,90
4
Finished Elementary School
17,59
5
Not-finished Elementary School
79,05
Fisheries governance in the Coastal Zone
(i) prior to the 1999 Local Autonomy Law, and
(ii) after the 1999 Local Autonomy Law.
The government first addressed the marine and fisheries sectors in 1984 in its
Five Years Development Planing (Rencana Pembangunan Lima Tahun –
REPELITA IV), but it was not until 1994, in REPELITA VI, that the central
government considered marine sector as an independent sector.
The 1999 Local Autonomy Law
The power of CENTRAL Government is limited to the following aspects: (1)
foreign affairs, (2) defence and security, (3) justice, (4) finance, and (5)
religion.
The 1999 Financial Balance Law
The 1999 Financial Balance Law also introduced a new radical formula on the
distribution of revenue derived from natural resources extraction, especially
those from forestry, mining and fisheries. Under this new law, local
government gets 80% of natural resource revenues, while the local
government gets 20%, a reversal of the 80/20 split in favour of the central
Government prior to 1999.
The Impact of the Autonomy & Financial Balance Law
These two Acts, however, also contributed to the inconsistency in Indonesia’s
legal system, especially on natural resources sectoral legislation. As a result,
all sectoral legislation on natural resources including fishery had to be
modified to suit the new regime. For instance, there were at least 22 statutes
and more than a hundred of government regulations governing about 14
sectors and addressing some aspects of coastal resources, that were
substantially altered by the above two statutes
The two Acts also created “tension” between Central & Local Government.
New Autonomy & Financial Balance Law
•Law No 32/2004 on Local Government
•Law No 33/2004 on Financial Balance between Central and Local Government
The 2004 Autonomy Law introduced a greater emphasis on the ‘relationship’ between
central and regional (provincial and regency) governments, rather than the ‘autonomy’ of
the regional government
Article 18(3), regional governments are granted the power to explore, exploit, manage and
conserve marine resources within their jurisdictions, including on spatial planning and law
enforcement.
Under Article 18(4), provincial government is given the authority to manage its waters up to
12 nautical miles, while regency/municipality has the power to manage up to four nautical
miles seaward from shoreline.
The 2004 Financial Balance Law
Articles 10, introduced three types of funds: (a) revenue sharing fund (DBH), (b)
general allocation fund (DAU), and (c) special allocation fund (DAK).
Article 11(3) states that the DBH is derived from (a) forestry, (b) general mining, (c)
fisheries, (d) oil & mining, (e) natural gas mining, and (f) geothermal mining.
Article 14(d) states that:
“revenue from fisheries received on a national basis shall be divided 20% for the
Central Government and 80% for all regencies and cities”. (Italic added)
Structure of the Indonesian Government
President & Parliament
Cabinet Ministries
Governor & Provincial Parliament
Regent/Mayor & Regency Parliament
Head of Sub-Regency (Camat)
Head of Village (Lurah)
Undang Undang No. 31 tahun 2004 tentang Perikanan
(Law No. 31/2004 on Fishery), Article 7.
Functions of the Department of Marine Affairs & Fishery (DKP) include establishing:
•
•
•
•
•
•
•
•
•
•
fisheries management planning;
fish resources;
total allowable catch (TAC);
location for aqua culture;
potency of brood stock and fingering
allocation of certain fish;
types, amount, size of catchment
equipment;
types, amount, size, and allocation
of supporting catchment equipment;
zone, route, and time of catchment
season;
requirements and operational
procedure standards of catchments;
fishing fleets surveillance system;
•
•
•
•
•
•
•
•
•
•
new type of fish for aqua culture;
fish species, location of redistribution,
and cultured fish catchments;
fish culture and its protection;
pollution prevention;
rehabilitation of fish resources and its
environment;
minimum size and weight for allowable
catch;
fish sanctuary;
epidemic and fish epidemic areas;
species of prohibited traded fish and
for import-export purposes;
species of protected fish.
Additional functions & powers of the DKP
In addition, the DKP has the power to regulate the use of infrastructure and of water
resources for aqua culture purposes. [Article 17 & 18(1)]
Furthermore, the DKP is also responsible for assessing fishing licences operating in
Indonesian water. The small-scale fishermen and small-scale fish farmers are exempted for
licence requirement. [Article 26 (1 &2)]
Other functions of the DKP in fisheries governance in the coastal zone are determining the
basic planning for special fish-ports and their allocation, [Article 41] designing and managing
fishery information system including fishery statistics, [Articles 46-47] and encouraging
research and development in the fishery sector. [Articles 52-56] The DKP is also responsible
in providing education, training, and information dissemination on fisheries. [Article 57-59].
The DKP has the responsibility to ensure that all aspects of the Fishery Act are well
implemented at both national and regional levels. This monitoring and surveillance
function is new to the DKP. As a consequence, the DKP has to equip itself with sufficient
patrol boats, modern radio communication equipment, and weapon if necessary. [Articles
66-70]
Other Government Agencies Responsible for Fisheries Management
• Provincial Office for Marine Affairs and Fishery (12 nautical miles)
• Regency Office for Marine Affairs and Fishery (4 nautical miles)
Other Actors:
• Fishermen Groups & Associations
• Fishing Industry
• NGOs
Instrument in Promoting Fisheries
Structural policies
The DKP has developed policies and programs to promote the fishery
sector, such as: enacting the Fishery Act, simplifying administrative
process of fishing licences, providing technical assistance for
fishermen, initiating cross-departmental co-operations, and promoting
the availability of soft loans to traditional fishermen, and providing
subsidised fuel to traditional small-scale fishermen.
Flowchart of the Administrative Process to Obtain a Catching Licence (IUP)
License application
Acceptance and checking of
required documentation
directorate general of CAPTURED
fish
All required
documents
presented?
No
Yes
Resource
under
exploited?
No
Yes
Drafting of summary of
application and assessment of
business scale
Allocation of fishing
boat
FISHING
COMPANY
Allocation
approval
document
Fisheries
Levy
Document
Issuing Fisheries Levy
Letter
Payment of
Fisheries Levy
Drafting of license
Draft
License
SSBP
Paid
Final
License
Finalisation of
license
In order to narrow the gap and to reduce the sectoral ego between certain government
agencies and regional governments, the DKP has established cooperation with relevant
institutions, such as: Cooperation with the Department of Trade, Cooperation between the DKP
with four Governors to develop Karimata Straight, and Cooperation between the DKP and the
Ministry of Transmigration and Labour on the relocation of fishermen to other islands.
In addition, the Government has established an inter-departmental cooperation of six Ministries
(Ministries of: Agriculture, Forestry, Marine Affairs and Fishery, Man Power and Transmigration,
State Ministry for the Acceleration of Less-Developed Regions, and State Ministry for
Cooperation and Small and Medium Enterprises) through a program called the Integrated
Economic Development Program for Villages based on Agribusiness to assist potential local
players to establish business in fishing, agriculture, and forestry related industries.
Market organisation
The process of marketing fish may involve one or more participants in the
market chain, such as: (i) fisherman, (ii) small intermediary, (iii) retailer, (iv) fish
broker, (v) wholesalers, and (vi) fish export and processing company.
The government have a very limited involvement in the fish market, because
they have no direct control over fish price.
The involvement of the government is limited to setting the standards and
mechanism in fish market. In addition, the Government also provides special fish
ports. Special fish ports are divided into four categories: (i) Pelabuhan Perikanan
Samudra (PPS), (ii) Pelabuhan Perikanan Nusantara (PPN), and (iii) Pelabuhan
Periakan Pantai (PPP), and (iv) Pangkalan Pendaratan Ikan (PPI). PPS is
designated for fishing fleets with a capacity of more than 60 GT, while the PPN is
for fishing boats with a capacity of 15-60 GT. In addition, the PPP is designated
for smaller size (5-15 GT), and the PPI is for fishing fleets less than 5 GT.
Coherence with pertinent international trade agreements
Indonesia has become a member of the WTO since 1 January 1995. Since then
Indonesia’s practices in international trade, especially in fisheries commodities,
have complied with some WTO rules and regulations.
However, certain practices on shrimp products, such as import ban on shrimp,
except for shrimp seeds, can be classified as contradictive to WTO rules. In
defending its position, the Government argues that the import ban of shrimp from
Thailand and Vietnam is made based on health considerations because they use
a lot of antibiotics in their shrimp farms.
Legal instruments of fisheries management
The main legal instrument of fisheries management is the 2004 Fishery Act.
This Act repealed the Undang-Undang No. 9/1985 tentang Perikanan (the 1985
Fishery Act) and the criminal sanction provisions of the Undang-Undang No
3/1983 tentang Zona Ekonomi Eksklusif Indonesia (the 1983 Indonesian
Economic Exclusive Zone Act).
The Fishery Act consists of 17 Chapters and 111 Articles that cover: (i) fisheries
management zones, (ii) fisheries management, (iii) fisheries industries, (iv)
information system and fishery data statistics, (v) fisheries taxes, (vi) research
and development of fishery, (vii) education, training and dissemination of fishery
information, (viii) empowerment of small-scale fish culture, (ix) distribution of
power from central to regional government, (x) fishery supervision, (xi) fishery
special court, (xii) rules of procedures in fishery special court, (xiii) criminal
sanction, and (xiv) transitional provisions.
Unique ACT
This Act is unique compared to any other Indonesian
Acts, because it not only contains a wide range of
measures in fisheries management, but it also has its
own rules of procedures for its implementation.
Under the Fishery Act, the power to investigate
fisheries-related cases belong to three government
agencies: (i) civil servant investigator, (ii) the navy
officer, and (iii) the general police.
The Act also established Special Fisheries Court.
However, since the DKP has no control over the
Supreme Court, the establishment of this Court
depends on the discretion of the Supreme Court.
Access and catch restrictions, technical measures
The Fishery Act established several measures such as: licence, potential
allowable catch in certain zones, and protected fish species in national marine
parks.
Article 26 of Fishery Act requires business actors who are involved in catching,
processing, culture and marketing of fish products to have a fishing licence. This
provision, however, does not apply to small-scale fishermen.
This Act also imposes a restriction to foreign fleets or companies to operate within
the territorial sea of Indonesia.
The Fishery Act also places a strict condition on fishing boats. For instance, every
person intending to build, import, or modify a fishing boat should first obtain an
approval from the DKP.
Apart from the formal limitation to access imposed by the Fishery Act, the hukum
adat (customary law) or traditional wisdom in certain islands still play an important
role in fisheries management and access to fish resources. Example: Sasi Laut in
Maluku.
The Fishery Act also prohibits certain activities and the use of certain equipments
that are considered not environmentally sound. Article 8, for instance, prohibits
catching methods that use chemicals, explosives, or other equipments that can
endanger the sustainability of fisheries resources or endanger the environment.
Furthermore, every person is prohibited to own, carry or use fishing gears that do
not comply with the size or standards determined by the legislation
The impact of and coherence with pertinent international agreements and
organisations
Indonesia is only a party to ‘general conventions’ such as the United Nations Convention on
the Law of the Sea (UNCLOS) & the United Nations Convention on Biological Diversity.
Indonesia has not ratified the following ‘specific conventions’: (i) Agreement to Promote
Compliance with International Conservation and Management Measures by Fishing Vessels
on the High Seas; (ii) Agreement for the Implementation of the Provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation
and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; (iii) Code of
Conduct for Responsible Fisheries.
Since Indonesia is only bound by the UNCLOS which has very limited provisions on
fisheries management in coastal zones and archipelagic waters, Indonesia’s
responsibility is limited to: (i) conserving the living resources of the sea; (ii)
preventing infringement of the fisheries laws and regulations; (iii) preserving the
environment and preventing and reducing marine pollution.
The above obligations, however, can be used to hold Indonesia responsible if
fishing methods used in its territorial sea can cause marine pollution or
environmental damage or if the Indonesian government failed to prevent or control
the use of fishing methods or gears that can cause environmental damage.
Empirical case studies on Coastal Zone Fisheries Management
1. promotion regimes
It is fair to say that promotional regimes introduced by the government as
discussed previously may work for modern fishermen but the common traditional
and small-scale fishermen are still the poorest in the society.
Subsidised fuel price for fishermen, for instance, has failed to reach its target due to
inefficient distribution and the existence of many black markets, especially after fuel
price increase earlier this year.
The DKP claimed that as a result of its promotional regimes, such as Program
Pemberdayaan Masyarakat Pesisir (Empowerment of Coastal Communities
Program), the average fishermen income has increased as indicated by the
following table:
YEAR
DATA
Explanation
2001
2002
2003*)
Rp 78.333.087.448
Rp 72.796.000.000
Rp77.698.695.599
During Project
Rp 87.023.345.508
Rp80.142.014.462
After project
2.305
2.541
2.691
During project
3.174
2.976
2.783
After project
Rp 392.569/month
Rp 280.248/month
During project
Rp 737.476/month
Rp 341.241/month
After project
Rp 978.924.945
Rp 905.221.769
After project
Productive Economic
Fund
Rp 89.653.865.769
Number of KMP
Member income
Rp 423.118/month
Rp 664.769/month
Saving
Rp 333.141.072
Promotion regimes
In relation to the state of fish stock and marine environment, it can be concluded
that there is no significant improvement as a result of such promotion regimes. As
believed by many environmentalists and the Government itself, the restoration of
fish stock in coastal zone and marine environment still needs a serious effort.
The total number of fishing fleets has increased approximately 6.64 % per year.
Motorised fishing boats with the capacity of 50 to 100 GT have significantly
increased and un-motorised boats decreased about 2.38 % in 2003.
Due to the promotional regimes introduced in the last 5 years, the Government
also enjoys a significant new Pendapatan Negara Bukan Pajak-PNBP (State nontax revenue) from the fishery sector, which was not available before the
establishment of the DKP. The government revenue from fisheries PNBP
increased from Rp 4,033 billion in 2001 to 211,746 billion in 2003
2. management measures
Management measures introduced by the Fishery Act are a significant
development in fisheries management in Indonesia, because its provisions have
adopted all the necessary bases for sustainable fishing practices, such as TACs,
protected areas, stakeholders involvement, licensing system, certain practice
restrictions.
However, the Fishery Act still needs a subsidiary legislation to be fully functioned.
For example, it has no detailed provision on TAC, taxation, and formal standard for
fishing gear and fishing boats.
As a result of the ‘incomplete provisions’, the impact of the Fishery Act on fisheries
management measures is still less than it should be. Until now, for instance, the
DKP has not determined the TAC in various areas of the Indonesian waters,
because the lack of scientific data on potential fisheries resources.
in relation to the integration of multiple demands on coastal zones, the Fishery Act
has no sufficient provision in dealing with such issues, because it requires the
involvement of other government departments and regional governments.
Management measures (Cont)
The DKP has determined the types of legal and illegal-fishing gears to support
the full implementation of several restrictions introduced by the Fishery Act.
The legal gears include: seine net, gill net, lift net, hook and lines, tuna long
line, traps, and prohibits the use of explosive, poison, chemical,
electricity, trawl, and shrimp and fish net operated by two boats.
Although the DKP has established these criteria, it does not mean that
Indonesia is free from illegal fishing gears.
In relation to protected areas, the DKP has established conservation areas
that are divided into seven categories, namely: (i) taman nasional laut
(national marine park), (ii) taman wisata alam laut (recreational marine parks),
(iii) cagar alam laut (marine conservation), (iv) suaka margasatwa laut (marine
sanctuary), (v) daerah perlindungan laut (marine protected zone), (vi) daerah
perlindungan mangrove (mangrove protected zone) and (vii) suaka perikanan
(fisheries sanctuary).
The Fishery Act has established the basic foundation for sustainable fisheries
management in Indonesia, but it requires subsidiary legislation to be fully
functioning.
3. enforcement and compliance issues
Lack of compliance may be caused by several factors such as: (i) lack of personnel
to supervise the implementation of the legislation, (ii) lack of supporting facilities for
civil service investigators, the police, and the navy to patrol and investigate IUU; (iii)
lack of knowledge and skill of the law enforcers to conduct their jobs; and (iv) acute
corrupt practices among law enforcers in fisheries.
Lack of political will of the Government, especially from Soeharto’s to Megawati’s
administrations, in enforcing the existing law can be seen in the common practice
of using explosives and poison throughout Indonesia.
Inadequate enforcement also occurs in the use of illegal gears and the breach of
licence conditions. The 2005 report of the DKP admitted that apart from increasing
the number of capture of domestic and foreign illegal fishing boat, the DKP and
other government agencies responsible for the enforcement of all fisheries-related
legislation did not meet their target. The report also indicated that in order to
increase the level of success of their operation, they need to have a better
coordination among themselves.
Enforcement and compliance issues (Cont…)
The DKP has also developed a strategic planing to boost the level of
enforcement, which includes: (i) intensifying coordinated patrol between the DKP,
navy, air force, and water police in nine vulnerable areas; (ii) building
international cooperation, especially with ASEAN countries to conduct
coordinated patrol; (iii) developing fishery supervision agencies in five locations
(Bitung, Tual, Pontianak, Belawan, and Jakarta); (iv) establishing five fishery
special courts in five cities (Belawan, Jakarta, Pontianak, Bitung, and Tual); (v)
prosecuting government officials involved in illegal fishing; (vi) developing the
capacity of human resources involved in fisheries management; and (vii)
developing people network in the supervision of the enforcement of fisheries
legislation.
4. the divergence between ‘law in the books & law in action’
Fishery Act
Actual situation
People are prohibited to use explosive, potassium,
poison, and other illegal gears. (Articles 8 to 9)
The use of explosive, potassium, poison, and other
illegal gears are still common in Indonesia.
People are prohibited to cause damage on marine
environment & fisheries resources. (Article 12)
Coastal zone reclamation, sand mining and coral reef
collection for housing, oil pollution from off shore
mining and navigation are still common problems.
Modern fishing boat shall have license from the DKP There are significant numbers of fishing boats with a
before engage in fishing activities. (Articles 25-34).
capacity of more than 5 GT still operate within
Indonesian water without proper license.
The Government is required to provide credit scheme
and training for small-scale fishermen. (Articles 6064)
The government is only able to provide very limited
credit scheme to small-scale fishermen.
The Government is required to establish Special
Fisheries Court in five Provinces. (Article 71)
This proposed Courts are not yet fully established.
The police, navy and public servant investigator from
the DKP are required to cooperate in investigation
process. (Article 73)
Sectoral ego among these agencies is very high which
cause investigation process ineffective.
5. realisation of reforms
The establishment of the DKP did not only change the old assumption that
fisheries resources is a ‘second class’ sector, but also lifted the status of fisheries
and other marine resources in the same position with other sectors such as
agriculture, mining and industry.
The realisation of reform introduced by the DKP and the Fishery Act are still in its
early stage and still requires serious efforts from the Government and other
stake-holders to be realised.
As a result, only a small proportion of promised reform introduced by the DKP
and the Fishery Act has been realised.
From Makassar to Sydney,
Stop over in Shanghai and Hong Kong…..
to BREMEN … with LOVE and FAKE Rolex

Terima kasih