PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE

RESOURCES IN AREA CHARACTERIZED BY ISLANDS

Vasya Salsabilla Lubis
Faculty of Law, Universitas tjut nyak dhien,
Indonesia
Correspondence:[email protected]

Abstract

Indonesia has eight provinces that are characterized as island

regions, but in the setting of marine resource management authority is
equated with the continental characterized provinces. National
government policies are deemed too oriented to the land where it is
not appropriate to the needs of the regions. As a result, they are
demanding to be no laws governing special about Islands Province.
Government responded to amend the legislation on local government
in accommodating the interests of the islands. The setting of the DAU
and DAK, also provide more financial portion to the islands. It is
expected to bring changes to the community. Development process
should be done based on diversity of various aspects that also needed
a different treatment in each province. Thus, the question is whether
the political law of the islands is done through changes and
harmonization of the local governments law to provide a guarantee of
justice so the demands for legislation that specifically regulates an
island province is not matter any more. This study expected to find the
values of justice and the foundation to be harmonized, so there exist
principle of fairness in the management of marine resources in the
waters of the area characterized by islands

I. INTRODUCTION
Principles in marine resource management, is a title that was
appointed based on a general description of the social phenomena of the
Indonesian people in utilizing the sea as a means of exploiting and
exploring marine resources, where the use of the sea as intended has
become a culture for generations in coastal communities in the
archipelago. and this is influenced by various factors, some of which are
cultural, economic and social factors. Marine activity in Indonesia,
especially in coastal communities, is an activity that has been entrenched
as a dynamic of coastal community life that has existed for generations.
This can be seen from the historical review of the Indonesian people,
where the civilization of the Indonesian people as an archipelagic
community is identified based on the existence of local ships such as
pinisi (local boats for Bugis people), kole-kole (local boats for Maluku
people), which are symbols of the maritime customs of the people.
Indonesia as a society of sea explorers, exploration of marine resources,
as well as a means of defense and security.
Thus anthropologically, most of the Indonesian people can be referred to
as an archipelago and marine based society. so that with this
arrangement, excessive exploitation of marine resources can be avoided,
as well as regulation of all activities on the sea, including fisheries
management.

The need to maintain order and create the welfare of the people
is absolutely necessary in a just society. Indonesia has insisted in (the
constitution) preamble Homeland Year 1945, Paragraph IV which is
the goal of nation and state, the Republic of Indonesia which is:“... to
form a government that protects the State Indonesia the entire
Indonesian nation and the entire homeland of Indonesia and to
promote the general welfare, educating the nation, and participate in
implementing world order based on freedom, lasting peace and social
justice ... and by fostering a social justice for all Indonesian people”.
Formal legal rationality crisis of this kind causes the public and the
government in the island group feel marginalized as a result of laws
and policies of national governments that do not correspond to the
needs of the regions that have the characteristics aquatic terrestrial
(archipela- go). The inability of the law to respond to community
needs the islands cause the region to become less noticeable and in a
state that is segre- gated. This condition is the reality of forcing the
islands to propose to the executive and legislative council even to the
Regional Representa- tives (DPD) in order to ratify the draft law on
the island province to further ensures the existence and well-being.
Responding to these conditions, the government then amends Law
No. 32 Year 2004 on Regional Government and Law No. 23 Year
2014 and the latest by Law No. 9 Year 2015. In the law of the
province is characterized by islands given the authority to manage the
natural re- sources in the sea in their area. Besides having the authority
in question, which is characterized Islands Provincial gets the
assignment from the Central Government to implement the central
government authority in the field of marine based on the principle
Tasks after the provincial
3
Nirahua Salmon E.M. “Licensing Law Natural Resources
Management at the Re- gional Sea region”, PT. RajaGrafindo Persada,
Jakarta, p.
 In terms of policy-setting DAU formerly calculated based on the
to- tal land area, is now done by calculating the area of ocean under the
au- thority of the Provincial characterized by islands in the management
of natural resources in the sea area. So to set the policy DAK, the
Central Government must take into account the development of the
Province, characterized by islands as activity in the achievement of
national pri- orities based regional programs, and in order to support the
acceleration of development in the Province, characterized by islands,
the national government can allocate funds acceleration to the DAU and
DAK4.
Every legislation should be made to implement the principle of
fair- ness in the management of marine resources in the waters
characterized by islands, by giving authorities greater autonomy
(Article 18 para- graph (5)) and financial support in areas
characterized by islands the maritime resources to be able to manage
better.
II. PROBLEMS
Based on this background, the problem is whether the rule of
law in the management of marine resources to the areas that
have the charac- teristics of the islands are in accordance with
the principles of justice
III. DISCUSSION
A. ESTABLISHMENT ACT DISCOURSE ABOUT ISLANDS
PROVINCE
Discourse to form the Law on Islands province a trending topic and
get serious attention from politicians in Senayan. Even the Regional
Representative Council urged that the Act was passed soon Islands
Province. Ratification will accelerate development in island regions.
B. PRINCIPLE OF JUSTICE IN MANAGEMENT OF MARINE
RE- SOURCES THAT HAS THE CHARACTERISTICS OF
REGIONS FOR ISLANDS

1. Terminology Islands province Unknown in Legal System In Indo-

nesia
Justice is the fundamental thing and one measure of the validity of an
order in the society, nation and state. Therefore, it is nec- essary to
realize collateral against the welfare of justice. According to John
Rawls, a guarantee of justice must begin by introducing two basic
principles of justice, is as follows:
 a. The principle of equal freedom as much as possible
(principle of the greatest equal liberty). Based on this
principle, everyone has the same rights on the entire
system of freedom that exist and which correspond to
these freedoms.
b. The principle difference (the difference principle) and the
prin- ciple of equality that is fair for the opportunity (the
principle of fair equality of opportunity).

2. Principle of Justice in Licensing Aspects of Marine Resources

Management
Associated with the authority to manage the resources in the region for
the region with the characteristics of the islands should be made clear
territorial boundaries in the sea area as closely related to the au- thority
(affairs). Resource management organizations in the form of li- censing
in the sea area on several sectorial laws are the domain of the State,
because this aspect is the functional aspect of government in the
administration of center-periphery relations. Against this, there needs to
be coordination between the regions with the Government in the form of
government policy.

3. Principle of Justice in DAU Calculation

In determining the formulation of this DAU calculation, should not
distinguish between the islands and not the islands. This should apply in
general to all areas that have a sea area, as the sea area of each region,
including the islands which will determine the amount of DAU received.
Thus, Article 29 of Law No. 23 of 2014 have the right to assert that in
order to support governance in the Province, character- ized by islands,
the central government in planning the development and set policy must
pay attention to the DAU and DAK Provincial char- acterized by islands.
DAU policy determination is done by calculating the area of ocean under
the authority of the Provincial characterized by islands in the
management of natural resources in the sea area. In addi- tion, the central
government set DAK policy should take into account the development of
the Province, characterized by islands as activity in the achievement of
national priorities based on territorial by strategiz- ing accelerated
development of the region by referring to the provisions of the
legislation. Regional development acceleration strategy includes the
development priorities and the management of natural resources in the
sea, the acceleration of economic development, social development,
culture, human resource development, development of customary law
related to marine management, and community participation in the de-
velopment of the Province, characterized by islands. All of this, would
require a large development, for it then in order to support the accel-
eration of development in the Province, characterized Islands Central
Government can allocate funds acceleration to the DAU and DAK.

IV. CONCLUSION
A. CONCLUSIONS
Regional Government is the administration of government affairs by
the regional government and regional people's representative councils
according to the principle of autonomy and assistance tasks with the
principle of autonomy as wide as possible within the system and
principles of the Unitary State of the Republic of Indonesia as referred to
in the 1945 Constitution of the Republic of Indonesia.
Amendments to Law Number 32 of 2004 concerning Regional
Government and Law Number 23 of 2014 and finally Law Number 9
of 2015 have provided justice for areas characterized by archipelagic
areas to manage marine natural resources. It can provide justice for the
community, because the community is involved both in the planning,
implementation, implementation and evaluation and monitoring
processes, so that the rights of the community can be fulfilled both
legally and economically..

B. SUGGESTIONS
Legal solution is not to establish legislation island province, but
with coordination of governance between the center and regions.
Policy governance in the management of natural resources in the sea
area suf- ficiently reinforced by the authority of the Presidential
Decree on the management of natural resources in the sea area.
Meanwhile, regard- ing the licensing authority can be established
through local regulations based on the authority granted by Law No.
23 Year 2014 on Regional Government.

REFFERENCES
Asshiddiqie, Jimly, “Consolidated Manuscript 1945 After the Fourth
Amendment”, Centre for Legal Studies in Constitutional Law,
Jakarta, 2002.
Leatemia, Johanis, “The Management of Legal of Region Island”,
 Deepublish, Ja- karta, 2015.
Manan, Bagir, “Dawn Toward Autonomous Region”, Centre for Legal
Studies Fac- ulty of Law UII, Yogyakarta, 2005.
Marzuki, Peter Mahmud, “Legal Research”, Kencana, Jakarta, 2011.
Soekanto, Soerjono and Sri Mamudji, “Normative Legal Research A
Brief Overview”, Press Rajawali, Jakarta, 2006.
Sunggono, Bambang, “Legal Research Methodology”, Pres Rajawali,
Jakarta, 2011. Waluyo, Bambang, “Legal Research in Practice”, Sinar
Grafika, Jakarta, 2008.
Final Report of the Evaluation of Policy Implementation in the
Context of Interna-
tional Law of the Sea (UNCLOS 1982).
http://www.berpendidikan.com/2015/06/batas-landas-kontinen-laut-
teritorial-dan-
zona-ekonomi-eksklusif.html
http://www.edukasippkn.com/2015/10/prinsip-dasar-
keadilan.html,https://
id.wikipedia.org/wiki/Daftar_pulau_di_Indonesia
Https://Rovicky.Files.Wordpress.Com/2010/09/La20unclos20pdf2.Pdf
Huda, Ni’matul, 2009. “The Local Government Law”, Nusa Media,
Bandung, p.3 in Johanis Leatemia, in setting REGIONAL LAW
Islands, available at: http://
dosen.narotama.ac.id/wp-content/uploads/2012/02/Pengaturan-
Hukum-Daerah- kepulauan.pdf