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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
• Legal Adoption Endorsement of Local Marine Protected Areas Local MPA is through local
regulations, while Marine Sanctuaries is legalized through village regulations.
• The Principles of Marine Protected Area Management Using the framework of the Design Principles of Resources Management proposed
by Ruddle 1999, critical reviews of the adoption of localcustomary institutions in the context of resources management
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are conducted on the following elements: 1 the system deinition of the isheries resources, 2 the system of
rights for resource users, 3 rules system that apply to the sustainability of the isheries, 4 the law enforcement system of rules that have been agreed upon,
5 the monitoring and the evaluation of the implementation of resources management itself, 6 resources management authority as the institution
responsible for the process and the mechanism for the implementation of isheries management.
A. Boundary Resource System
Within the framework of formal isheries management, resource boundaries are discussed in the context of WPP Regional Fisheries Management
as mandated by Article 5 of Law No. 312004 on Fisheries. In this Article, it is explained that
the isheries management area consists of the territorial waters of Indonesia, Indonesian ZEE Zona Ekonomis Ekslusif - Exclusive Economic Zone waters, and
other bodies of water such as lakes, reservoirs, marshes, and other standing water that can be managed along with land with the potential for ish farming
in the territory of the Republic of Indonesia. In accordance with the spatial context, the determination of resource boundaries is particularly important for
the stages of the process where resource users are involved. This involves local knowledge of resources boundaries, speciically the territorial water boundaries
that are the object of isheries activities. Within this framework, the adoption of local knowledge in institutionalized customarylocal isheries management
needs to take place when isheries management plans are prepared. This is important to avoid overlap of spatial jurisdictions between formal isheries
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12 management and localcustomary isheries management institutions. The best
scenario is to transform localcustomary isheries management institutions into formal isheries management.
B. The Rights System of Resource Users
One of the key factors in the dynamics of isheries is information and knowledge about rights, because the principles of isheries management must still consider
the concept of rights-based isheries to ensure the fairness and sustainability of the isheries themselves. According to Ostrom and Schlager 1996 in Adrianto
2006, there are at least two types of rights that are important in the context of the management and exploitation of natural resources, including isheries, namely:
1 use operational-level rights, and 2 collective-choice rights. The irst type of rights refers to those inherent in the operation or context of isheries and are
associated with the process and the dynamics of ishing. With this type, several important rights are access rights, namely entry rights to ishing businesses either
in the context of ishing grounds or in a ishing business structure such as the provision of raw materials, isheries processing, and so forth. Still, with the irst
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Photo 1: Savu community discusses on what it takes to sustainably beneit from their marine resources.
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13 type of rights use rights, the right to ish certain amounts harvest rights also
The second type of rights collective-choice rights is more focused on the right to manage isheries isheries governance, which is usually granted to a particular
authority outside of ishing communities supra-community. This authority, usually a local government in accordance with regional autonomy and Law no. 322004
Article 18, plays an important role in isheries management. In the context of the relocation of ishers, the second type of rights is very important because they are
associated with the matter of “who regulates” as a complement to the concept of rights relating to “who is regulated”, as is described with the irst type of rights use
rights. In addition to management rights, several other important rights belonging to the category of collective-choice rights include exclusion rights, namely the
right of authority to determine the qualiications of those wishing to gain access rights and harvest rights, as well as alienation rights, namely the right to transfer
and sell management rights.
In the context of a critical review of customarylocal institutions, regulatory authority rights rights allocation lie with customary agreement institutions,
which have regulated this matter for generations, or through local agreements with the aim of ensuring justice for resource users. The Sea Commander
Panglima Laot in Aceh for example decides the allocation of spatial rights to resource users in a particular Lhok area. While traditional Parompong in South
Sulawesi adopt indigenous rules in determining the allocation of customary Fish Aggregation Devices FADs, with Manee in North Sulawesi granting allocation
rights to Customary Adat Leaders to determine who can ish in the Manee area. In this context, isheries management has to be adaptive with regard to customary
agreements or understandings built on local values. Thus, another important matter that needs to be addressed is the formulation of local values as a shared
vision for all resource users in the management of isheries areas.
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C. Code of Conduct System
