5
supra-community levels. Enabling legislation is one of the supra-community level factors that affect the role of CBFM Berkes et al., 2001. Furthermore, Ruddle 1999
states that if the contemporary usefulness of such systems has been formally recognized by government, they will require support by appropriate amendments to the national
laws, with explicit and easily understood recognition of customary law and CBFM as local corporate entities, accompanied by procedures for establishing the recognition of
the rights. Therefore, this paper tries to analyze how the Indonesian legal framework recognizes and supports the role of CBFM.
2. Indonesian Fisheries System : An Overview
The term “fisheries system” as an approach to view fisheries is introduced by Charles 2001. This approach is “to envision fisheries as webs of interrelated,
interacting ecological, biophysical, economic, social, and cultural components, not as the fish separate from the fishers, separate from the processors, and so on” Charles,
2001. This approach also included management and policy measures. Using system approach is necessary to avoid overly simplistic view of the fishery. There are three
main components of fisheries system Charles, 2001: a natural system the fish, the ecosystem, and the biophysical environment, b the human system the fishers, the
post-harvest sector and consumers, fishing households and communities, the socio-economic and cultural environment, c the fishery management system fishery
policy and planning, fishery management, fishery development, and fishery research.
First,
the natural system. With its 5.8 million square kilometers of seas and coastline stretching more than 81,000 km, Indonesia is blessed with abundant and rich
aquatic resources. Various economically important species abound in the seas like
6
shrimp, tuna, skipjack, giant perch, eastern little tuna, king mackerel, squid, coral fishes such as grouper and spiny lobster, ornamental fishes, shellfishes and seaweeds. There
are vast area of brackish waters, lakes, reservoirs, rivers, and freshwater ponds which are very suitable for aquaculture development. In the marine waters, the total area of the
coral reef ecosystem is around 85,707 km
2
or 50 of South East Asia’s total coral reef area, which encompasses 50,223 km
2
of barrier reef and 19,540 km
2
of atoll, 14,542 km
2
of fringing reef, and 1,402 km
2
oceanic platform reef Tomascik etal., 1997 in Dahuri, 2004. Unfortunately, according to COREMAP in 1998 only 6 of these reefs
are classified as being in ‘excellent’ condition, while a further 30 are in a very poor condition Hidayat, 2004.
Based on the report of Ministry of Marine Affairs and Fisheries 2004, the potential of marine capture fisheries resources is 6.4 millions tons per year Maximum
Sustainable YieldMSY. The main fish species include skipjack, little tuna, narrow barred king mackerel, shrimp, groupers, streaked spinfoot, giant perch, spiny lobster
and various kinds of ornamental fish. The production reached 4.4 million tons in 2003, so exploitation rate is around 69. Meanwhile, the potential of inland capture fisheries
is 0.9 million ton per year, and the production of 2003 reached 0.4 million ton, so the exploitation rate is 44 Table 1.
The potential of aquaculture consists of inland, brackish water, and marine culture. Inland aquaculture, which uses floating net and pond, has potential of 13.7
million hectares with the potential production of 5.7 million tons. In 2003, the production reached 0.30 million ton or 5.5 of the potential. The potential of brackish
water culture is one million hectares with the potential production of about five million tons for the following species: giant tiger prawn Penaeus monodon, tiger prawn
7
Penaeus merguensis, milkfish Chanos chanos, crab Scylla serrata, and seaweed Gracillaria sp.. The production of 2003 reached 0.4 million ton or 8 of the potential.
The potential for marine culture is 24 million hectares with the potential production of around 47 million tons, for: pearl Pinctada spp., seaweed Eucheuma spp., sea
cucumber Holothuria spp., seabass Lates calcarifer, and groupers Ephinephelus spp..
The production of 2003 is 0.5 million ton, so the actual utilization reaches 1.1. However, aquaculture production in Indonesia still heavily relies on shrimp products,
due to the demand of global market, especially Japan and United States.
Second,
the human system. The population who engages in capture fisheries is around 3.5 million people, which consist of two types: marine and inland capture
fisheries. Table 2 shows that the number of marine fishers is still dominant, while the increase in number of inland fishers is higher than marine fishers. Based on MMAF
2004, the number of marine capture fishers is also higher than the fish farmers, which comprise of marine culture, brackish water pond, cage, floating net, and fish-paddy
farmers. During 2000-2003, the number of fish farmers has increased from 2,181,650 to 2,256,513 people with an increase of 1.13.
Most fishers engage in traditional capture fisheries that consist of some boat
types: non-motorized boat 230,360 units, outboard-engine boats 125,580 units, and in-board engine boats 118,600 units. The in-board engine boats comprise of various
types based on tonnage with the range of less than 5 GT to more than 200 GT. Table 3 shows the small scale fishers with boat of less than 10 GT reaches 90. This means that
most fishers in Indonesia can be categorized as traditional or small-scale fishers or post-subsistence fisher, those catching fish and sold in domestic, even local, markets but
their earning is allocated for basic needs only. Despite no aggregate data reflecting how
8
poor the fishers in Indonesia, some data may be useful to describe it. The fishers’ income in Lombok from fishing activities is around Rp 449,116 45 US per month.
This income level is very low and sufficient for basic needs only.
Third, the fisheries management system. This management system is very crucial
to ensure that productive benefits are obtained. At least, there are two components of fisheries management system: administration and fisheries management measures.
Administration system of fisheries had changed many times to adjust with political situation. As explained by Soebono et al. 2000, in 1914, Dutch colonization
period, fisheries was governed by Afdeeling Visserij Fisheries affairs, which was part of Department van Landbow, Nijverheid en Handel. The main role of Afdeeling Visserij
was conducting fisheries research and extension services to traditional fishers. In 1935, Department van Landbow, Nijverheid en Handel
was merged to Departement van Economische Zaken Department of Economy, and therefore Afdeeling Visserij was
abolished, and then marine fisheries was managed by Afdeeling Cooperatie en Binnenlandse Handel Domestic Trade and Cooperative Affairs, whereas inland
fisheries was under Afdeeling Landbow Agriculture Affairs. During Japanese colonization, the marine fisheries were governed by Kaiken
Gyogyo Kenkyu Sho, and in municipalities it was governed by Suisan Shidozo and
Suisan Han. Since Indonesia`s independence day in 1945, marine affairs and fisheries
were governed by different departments. In 1949-1962, Fisheries was under Department of Agriculture. Nevertheless, in 1964, the central government established Department of
InlandMarine Fisheries, and then it was modified to be Maritime Compartment in 1965 Soebono et al., 2000. Unfortunately, this agency was then subordinated by the
Department of Agriculture until 1998.
9
After the reform era of 1999, there had been a staunch political decision of former President Abdurahman Wahid to establish the Ministry of Marine Affairs and
Fisheries MMAF. Prior to that reform era fisheries sector was under the coordination of the Ministry of Agriculture. In order to implement marine development and fishery
programs, Presidential Decree No. 1772000 identified the duty and functions of MMAF. The main duty of MMAF is to assist the President in conducting some of the
government tasks in marine and fishery field. Concerning fisheries management measures, there are two approaches: input
control and output control. Input control approach is used to regulate fishing effort by limiting entry, limiting the capacity per vessel, limiting the intensity of operation, and
limiting fishing time. Meanwhile, output control focuses on what is taken from the fish stock, such as ITQ, IQ, CQ, etc. About “how, when, and where” of fishing, it is called as
technical measures of fisheries management, such as gear restriction, size limit, closed area, and closed season Charles, 2001:101-103. Indonesia uses input control with
mixed measures, such as licensing with gear restriction and limited entry. This licensing is managed by formal regulation, whereas closed area and closed season are usually
governed by community-based system. Regarding licensing, there is distribution of authority to issue Fisheries
Enterprise Certificate Izin Usaha Perikanan or IUP, the license for catching fish Surat Penangkapan Ikan or SPI, and the license for fishes transport vessel Surat Ijin
Kapal Pengangkut Ikan or SIKPI to fisheries companies that engage in fishing
activities by using non-motorized boats, outboard engine boats, inboard engine boats, with the following provision:
10
a the central government : over 30 gross ton boats that have an engine of more than 90 horsepower
b the provincial government: between 10-30 gross ton boats that have an engine of less than 90 horsepower, which are without foreign worker and capital
c the regencymunicipal government : less than 10 gross ton boats that have an engine of less than 90 horsepower, which are without foreign worker and capital.
CBFM has been done since long time ago. Nevertheless, this system is a de facto
system in local area because it is not explicitly recognized by the formal laws. The local autonomy, which implies the practice of decentralization, may serve as one option
in strengthening the community-based management system.
3. Evolution of Legal Framework of CBFM
