A presentation of legal scholarship at the Master of Law programme at\nUniversitas 17 Agustus 1945 (UTA 45) Jakarta sparked cross-sectoral\ndiscussion regarding the fate of Indonesia\u2019s 2.2 million small-scale\nfishermen. The presentation delivered by student Johan Rosihan was\ntitled \u201cLegal Policy on Marine Spatial Governance: Protection of\nSmall-Scale Fishermen Amid Investment Expansion and Administrative\nRegulation\u201d.<\/p>\n
The presentation highlighted a paradox in small-scale fishermen\u2019s\nprotection amidst coastal investment expansion. In his exposition, Johan\nemphasised that Indonesia, as the world\u2019s largest archipelago nation,\nhas yet to provide adequate protection for small-scale fishermen, the\nmajority of whom operate vessels under 10 gross tonnes with simple\nequipment.<\/p>\n
He identified three structural factors weakening small-scale\nfishermen\u2019s protection: asymmetry of representation in policymaking,\nfragmentation of authority among institutions, and weak law enforcement\nin remote coastal areas.<\/p>\n
\u201cLaw does not exist in a neutral space. It is a product of power\nrelations that determine who gains access, who is protected, and who is\nmarginalised,\u201d said Johan in a written statement on Friday (27 February\n2026).<\/p>\n
The discussion held on Thursday (26 February) featured diverse\nperspectives from practitioners at PT Pelindo, a subsidiary of PT\nKrakatau Steel in the port operations sector, financial analysts, and\nstudents from Maluku and East Nusa Tenggara.<\/p>\n
Johan emphasised that conflict between large investment and\nsmall-scale fishermen is not a permanent dichotomy, but rather a\nconsequence of the absence of equitable negotiation forums and\nconsistent rules of engagement.<\/p>\n
He proposed an integrated value chain model, with small-scale\nfishermen as upstream catch producers, cooperatives or state-owned\nenterprises as mid-stream aggregators, and Pelindo facilities as\ndownstream export gateways.<\/p>\n
The issue of border fishermen also emerged, particularly regarding\napprehension by Australian authorities. Johan viewed this as linked to\nthe narrowing of fishing grounds due to investment expansion, and\ninadequate dissemination of the Indonesia-Australia Memorandum of\nUnderstanding concerning traditional fishermen\u2019s access rights.<\/p>\n
In the fiscal dimension, Johan proposed an earmarking mechanism for\nfishing-related Revenue Allocation Funds (Dana Bagi Hasil) for\nsmall-scale fishermen\u2019s protection through revision of the Law on Fiscal\nBalance Between Central and Regional Governments, establishment of\nregional budget regulations, and utilisation of Village Funds.<\/p>\n
\u201cThe fiscal instruments already exist. What is lacking is political\nwill to lock them into law so they cannot be redirected to other budget\nlines,\u201d he stated.<\/p>\n
The study formulated three regulatory reform recommendations. First,\nto the House of Representatives and the Government to harmonise marine\nspatial governance regulations with protection of fishermen\u2019s rights as\nnon-negotiable boundaries.<\/p>\n
Second, to the Coordinating Ministry for Maritime Affairs, the\nMinistry of Marine Affairs and Fisheries, the Ministry of Environment\nand Forestry, the Ministry of Public Works\/National Land Agency, and\nregional governments to establish cross-sectoral coordination mechanisms\nand accelerate the Coastal Zone and Small Island Spatial Planning that\nrecognises traditional fishing grounds.<\/p>\n
Third, to the Supreme Court, the Judicial Commission, legal aid\ninstitutions, and universities to develop progressive jurisprudence and\nexpand access to legal assistance in remote coastal areas.<\/p>\n
\u201cAs long as small-scale fishermen continue to be treated as\ndevelopment objects rather than active legal subjects, coastal justice\nwill remain an unfulfilled promise,\u201d Johan concluded.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/masters-student-from-uta-45-jakarta-criticises-indonesias-marine-spatial-governance-1772190293", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }