Philosophical Basis Juridical Basis

C O L L A B O R AT I V E M A N AG E M E N T O F M A R I N E P ROT E C T E D A R E A S 10

2. WORKSHOP SYNTHESIS RESULTS: LEGAL ASPECTS OF MARINE PROTECTED

AREA COLLABORATIVE MANAGEMENT

2.1. Rationale

2.1.1. Philosophical Basis

Pancasila is the philosophical basis of the Indonesian nation and state. It is detailed in the preamble of the Constitution of the Republic of Indonesia 1945 in four paragraphs, with the fourth paragraph expressing the basic objectives of the nation and state. Pancasila is the foundation of the state, while the four main concepts in the Preamble of the 1945 Constitution embody the legal ideals that govern the laws of the state, both written and unwritten. There is a law within the national legal order that describes Pancasila and the 1945 Constitution, so that the presence of philosophical value in the law is absolute. Article 33, paragraph 3 of the 1945 Constitution, states that ‘The earth and the water and the natural riches contained therein shall be controlled by the state and used for the welfare of the people’. Furthermore, in Article 33 paragraph 4, it is added that the national economy is organized based upon the principles of solidarity, equitable eficiency, sustainability, environment awareness, independence, and balance between economic progress and national unity. Thus, the wealth of isheries resources in Indonesia should be used to improve the welfare of those operating in the ield of isheries, especially the ishing community. Of course, the exploitation of these resources must prioritize environmental aspects as mandated by the 1945 Constitution, in order to create sustainable isheries and maintain the balance between economic progress and national unity.

2.1.2. Juridical Basis

The juridical basis of co-management is as follows: 1. Law No. 5 of 1990 on the Conservation of Natural Resources and Ecosystems 2. Law No. 31 of 2004 on Fisheries 3. Law No. 32 of 2004 on Regional Governance 4. Law No. 26 of 2007 on Spatial Planning 5. Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands 6. Government Regulation No. 38 of 2007 on the Division between Government, C O L L A B O R AT I V E M A N AG E M E N T O F M A R I N E P ROT E C T E D A R E A S 11 Local Governments and RegencyCity Provincial Governments 7. Government Regulation No. 60 of 2007 on Conservation of Fisheries Resources 8. Minister of Marine Affairs and Fisheries Ministerial Regulation No. Per.16 Men2008 on Planning Management of Coastal Areas and Small Islands 9. Minister of Marine Affairs and Fisheries Ministerial Regulation No. Per.30 Men2010 on Management Plans and the Zoning of Marine Protected Areas

2.1.3. Sociological Basis