Kabar Bahari 13 versi English

Travel Names dan Event Equity

Edition 13thJanuary - February 2015

Nadine Chandrawinata: Loving The Sea

Slavery in Food Production Chain

Dairah: Changes Start with Yourself

Edition 13thJanuary - February 2014

KABAR BAHARI is bimonthly bulletin, published by The People’s Coalition for Fisheries Justice (KIARA) who raising dynamic issues of fisherfolk in managing marine and fisheries resources..

EDITORIAL BOARDChief Editor: Abdul HalimManaging Director: Susan HerawatiBoard of Editor: Ahmad Marthin Hadiwinata, Susi Oktapiana, Irma Yanti, AntoDesign Graphic: Dodo

Editorial AddressJl Kedondong Blok C Nomor 19 Perumahan Kalibata Indah, Jakarta 12750Telp./Faks: +62 21 799 4888Email: [email protected]: www.kiara.or.id

Nadine Chandrawinata:Loving The Sea

Slavery in Food Production Chain

Rights to Cultivate and Catch Fish in Act No.5/1960 on Agrarian

Regulation of the Minister of Marine and Fisheries of the Republic of Indonesia Number 1 / PERMEN-KP / 2015 on catching lobster (Panulirus spp.), Crab (Scylla spp.), And crabs (Portunus pelagicus spp.)

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Content

Names and Event

Kemudi

Travel

Policy

Dariah:Changes Start With Yourself12

Equity

Consultation of law

Dahli Sirait:Fight the Trawl for Fish Workers’ Prosperity at Balai Asahan Cape

World Fishery Day, 21 November 2014:Protect Fish Worker and Women Fisher!

Softened Bones Bandeng (milkfish) Presto

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Diversity

Kitchen

Editorial

In the opening of 2015, editor of Kabar Bahari Bulletin is published to greet you all. Today theme is designated for bandeng. Well known as one of people’s favorite menu, especially as its processed product: bandeng presto or softened bones-bandeng.

There are at least 10 province of Indonesia that produce bandeng-based food, including East Java, West Nusa Tenggara, South Kalimantan, and West Sulawesi. Since 2010 national production of bandeng has been increasing to 421.757 tons in 2010 to 621.393 tons in 2014.

This high production volume depends on access to destined market. For Indonesian bandeng product, USA, EU, Tiongkok, and Japan are among the main targeted market. The challenge lies on keeping the balance between innovation of the processes as well with marketing strategy but without compromising its rich nutrition.

Besides Indonesia, Malaysia and Philippines also two main producer for bandeng processed food in Southeast Asia. The existing of competitor highlights the importance of creativity of both government and people to work together in order to bring Indonesian bandeng to the world.

KABAR BAHARI in this edition of 2015 complemented with softened bones bandeng recipe, the story of Mrs Dairah in bringing better changes into her fisher village, food conference in Netherlands and review on rights to culture and catch fish as stated in Act no.5/1960 regarding Agrarian. Please enjoy reading and hope to bring you some fruitful reading.

INDONESIAN BANDENG FOR THE WORLD

D IK EMU

Visited Semarang of Central Java would not be perfect without getting their signature dish, bandeng (milkfish) products, around

Pandanaran. Among many other variant, bandeng presto is one the most popular dish, the softened bones bandeng allow you to consume the fish and worry-free from chocking on fishbone.

BANDENGIndonesian Food for The World

Bandeng is one of the featured product of aquaculture in Indonesia. In addition to strengthening food and nutrition security, bandeng aquaculture also reliable to support small to medium scale economy.

Nationally, bandeng production has increased significantly from 421.757 tons in 2010 to 621.393 tons in 2014, or around 10.4% per year.

KIARA’s Center of Data and Information (February, 2015) found the fact that main location of bandeng production spread in East Java, South Sulawesi, West Java, Central Java, Southeast Sulawesi, Aceh, South Kalimantan, East Kalimantan, West Sulawesi, and West Nusa Tenggara. Among all producers, East Java has the highest production volume of Bandeng products in 2013 (see Table 1).

Table 1. 10 Main Province of Bandeng Producer in 2013

No ProvinceProduction

Volume (Ton)

1 East Java 138,6262 South Sulawesi 119,8963 West Java 93,8874 Central Java 72,350

5 Southeast Sulawesi 54,774

6 Aceh 20,530

7 South Kalimantan 18,414

8 East Kalimantan 18,1349 West Sulawesi 14,815

10 West Nusa Tenggara 13,564

Source: KIARA’s Center of Data and Information (February 2015), processed from Aquaculture Statistic by Ministry of Marine and Fishery

6Edition 13thJanuary - February 2015

At National level, bandeng production volume has been increasing since 2009 to 2013: start from 323,288 tons to 626,878 tons (see table 2). The increase due to high market demand

Table 2. Bandeng production volume 2009-2013

No Year ProductionVolume (Ton)

1 2009 328,288

2 2010 421,757

3 2011 467,449

4 2012 518,939

5 2013 626,878

Source: KIARA’s Center of Data and Information (February 2015), processed from Aquaculture Statistic by Ministry of Marine and Fishery

The high production of bandeng in Indonesia opens access to abroad market. Designated countries as bandeng market including European Union, USA, China and Japan.

Benefits of BandengBandeng contains high nutritional value which is higher than the globally-known salmon fish. The content of omega-3 in bandeng is six times higher than salmon. The “healthy” fat in the belly of bandeng also high, thus very healthy. As we all might think that salmon has the highest content of omega-3 and bandeng (milkfish) is considered as the average fish for its nutrition content. It resulted in the high price of salmon (more than Rp. 400.000 per kg) and can only be found

at big supermarket for the upper middle class. While bandeng regarded as cheap fish easily found at low class traditional market. But why so?, there are many factors that resulted in such big price gap between the two fish, bandeng and salmon, among other are promotions and trader’s skill to influence market price.

Production countries of salmon intentionally and rigorously work on branding the salmon as high quality, expensive and scrumptious fish. Wide range of media are used to raise ‘the class’ of salmon through continuously create the image of extra ordinary fish. It involves creating myth and stories of salmon through scientific facts which induced the increasing of price with successful result. Almost everyone in the world know salmon which originated from USA and Europe as high class fish. In spite of higher nutrition content, bandeng has not gained the same popularity. It reflected in research results which show bandeng’s edible proportion reaches 80% (Bdd/Food Edible)

Tabel 3. Nutrition Content of Bandeng

No Nutrition Volume/mass/kcal

1 Energy 129 kcal

2 Protein 20 gram

3 Carbohydrate 0 gram

4 Fat 4,8 gram

5 Calcium 20 milligram

6 Phosphor 150 milligram

7 Ferro 2 milligram

Edition 13thJanuary - February 2015 7

No Nutrition Volume/mass/kcal

8 Vitamin A 150 IU

9 Vitamin C 0 milligram

10 Vitamin B1 0,05 milligram

Source : Publication of Ministry of Health

Knowing the richness of nutrition content of bandeng, it is not surprising that many people looking for bandeng products as one of culinary tourism target during the weekend.

Downstream development of Bandeng productionThe most important aspect to be developed in bandeng production in Indonesia is marketing effectivity, since bandeng competition also come from

other producer besides Indonesia. Without strategy our competitiveness will decrease when the prices fell

Moreover, the margin cost of bandeng shipment from Indonesia also matters. It resulted from Rp. 10.000-15.000 difference of shipment cost from Indonesia compare with other countries.

Thus, realization of government plan to build sea-highway becomes really important including other transportation means, through the sea, land, or air.

Nonetheless, the minimum facility of bandeng processing center that discourage small-capital community involvement. This is where processing innovation facilitated by the national or regional government much needed.*** (from various sources)

SLAVERY IN FOOD PRODUCTION CHAIN

Scandal on slavery practiced upon Thailand fishery vessels made a big news back home as well as internationally. NGOs and retailers

and consumers have been urging the fishery industries to move toward more accountable food production chain which done in a more sustainable ways.

Thailand companies could not parry the fact that their food production is part of the bigger and more dynamic system along with its consequences. The slavery cases has pushed a series of follow up to change the business as usual practices towards an accountable ones. It pushes food production in Thailand to re-check and change policy regarding employment which has been regarded weak.

For years, sea food business has been criticized by environmentalist and NGOs in Thailand due to their involvement within a supply chain that pushes the practice of overfishing or unsustainable fishery which causing resource depletion and affecting consumer both in Thailand and other countries.

A report by Oxfam Thailand, published in 2014, says that the use of fish flour as main ingredient for livestock feed has significant contribution in pushing more fish catchment to the extent of overfishing in Thailand. The report presented fishery yield statistic

which by 1961 Thailand fish worker in average could catch 297.80 kg per hour and drastically decreased in 2010 to only 17.80 kg per hour. Although other factors know to be contributing to the fall, but massive and destructive catchment tools such as bottom trawling has been identified as one of the main cause.

The report also says that trash fish, or unwanted/unconsumed fish, makes 62% of the total catchment while only the other 38% which regarded as seafood are salable for commercial purpose. In Thailand, trash fish, consisted of small-size fish and other sea species which get trapped in the trawl also used as fish flour ingredients.

The downfall of fishery production poses a great threat to food safety in Thailand, especially for poor and prone fish worker along the coast. Local fish workers have to stay at sea for much longer period to compensate the low yield. Not long before social impact emerged, as the fisher


communities trapped in a situation of low employment, drug abuse, and minimum access to health facility.

It shows that irresponsible fishery has causing damages both to the human and sea ecosystem. A shift toward accountable and sustainable fishery is a must, including to assure the fulfillment of labour rights regarding work relation between the crew and vessel’s owner.

The challenge became the main question in the Responsible Feed Dialogue which was held in Amsterdam, Netherlands, in September 2014, with more than 50 companies, academician, and NGOs had gathered to discuss a better way to develop a responsible-food certificate mechanism.

In Indonesia, the share of feed reaches 70%-80% of total production coast in aquaculture farming. Food certification is not an answer to the complex fishery

situation which lead to further trap of dependency and monopoly. Thus, it’s timely for the government to support national innovation initiated by the aquaculture farmer, including on fish feed. *** (AH)

She won Puteri Indonesia competition in 2005 as DKI Jakarta delegation. She was born on 8 May 1984 and

named Nadine Chandrawinata. Her feeling closeness to the sea reflects her love and concern.

“There is much plastic waste in Indonesia, while diving we would found much of it, trashed among the coral reef, that’s what it like and very unpleasant. I can not campaigning by myself, to ask people to keep the sea clean, we need to do it together,” asked Nadine to wide community to protect and keep the cleanliness of sea ecosystem.

Problem typically occurs in urban area is related to littering, especially for plastic which eventually carried to the sea. While diving, these trashes are piling up under the water and can clearly be seen.

Does not matter how small the action, an endeavor of urban citizen, is very much important to save the coastal and sea ecosystem. Among other that we can do is to put trash in its place, not littering, turning off air conditioner while not being used, turn off the faucet when the tub is full, and bring your own shopping bag.

These small habits can help to protect the live of sea organisms, including coral reef and fish. All this time, one of the biggest threat to sea ecosystem is trash coming from the urban settlement areas.

Nadine was right, it takes the work of urban communities and coastal villages to protect the sea ecosystem sustainability. Damage or contaminated sea would negatively affecting both urban and village communities. Let’s avoid any activity that contaminate the sea, together! *** (AH)

Loving the Sea

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Alert status released by Port Office of Indramayu Regency in the middle of January 2015. It applied to all Indramayu cape up

toward Kalimantan, and to Central and East Java, alert for more than 3 meters wave. Indramayu people has a local name for the weather, called baratan, for dangerous high wave with bad weather which threaten the safety of fish worker.

Changes Start With

Yourself


Seven years ago, the fish worker can read the weather, but today it is really hard to predict weather and wind direction. Moreover, it is now impossible for fish worker to go more than a mile away from the cape. Hence, the low income. They have to survive with the remaining saving.

Starts with Clean WaterShe was small and not to high, always seems to smile everytime she talk. Her name is Mrs Dairah, wife to fish worker from Pabean Udik Village, Indramayu regency, West Java. Also a mother of three children. Her passion to be organized and move other fisher women was started with awareness on the importance of clean water.

During 2009, Mrs Dairah started her step by getting involved with KPI (Koalisi Perempuan Indonesia/Indonesian Women Coalition). She actively struggle with KPI to advocate access to clean water and the increasing tariff of PDAM water (water distribution by the state). After the long advocacy process, Mrs. Dairah together with KPI members successfully opened access to clean water for coastal villages. Moreover, the basic tariff also reduced by PDAM. The first triumph ignited new spirits of Mrs Dairah to make the next change.

As time passing by, extreme weather is worsening as faced by Mrs Dairah and her communities. In 2011, his husband had to come home many times with minimum catch that nothing left to be sold.

“Spent a lot to go to the sea, while so little result. Whatever sellable from the catch could not cover the next fishing expenses” said Mrs. Dairah.

At that moment, the government through Marine and Fishery Office only gave out rice to compensate fish worker expenses to go fishing under extreme weather. Worsening situation makes fish worker only sink deeper to debt and dependent to middleman.

Dairah as a mother and a wife also think for feasible solution so her children may continued their education. Remembering that she did not have the chance to finish her elementary school and had yet learned how to read and write. Understanding her weakness, she tried to find alternative economy based on any available resource.

“I only could think of various product based on fish. In spite of very minimum result from the sea lately, I had to try to survive with available fish. That’s when I started to make fish balls, fish crackers, or fish pepes (wrapped in banana leaf, the seasoned fish then steamed or grilled)” said Mrs. Dairah.

In 2011, Mrs. Dairah started to sell fish balls from village to village. Her hard work gained success with her products known by wider market thus higher selling volume. All process of making fish balls was still using traditional method without involving machine.

The community started to know and like Mrs. Dairah’s products. Through sharing information with KPI, Mrs. Dairah then introduced to KOMPI


(Koalisi Masyarakat Pesisir Indramayu/Coalition of Indramayu Coastal Communities). She started to actively involved in Lakpesdam NU.

On one occasion, Mrs. Dairah was encouraged to receive aid from Lakpesdam NU, where then she received a cold storage with enough capacity to keep the fish stocks. It gave Mrs. Dairah more motivation and confidence to market her product. On the other hand, her production also meet the market demand.

“In good times, there are many fish available and I would buy a lot and keep it in the refrigerator, since fish availability is uncertain” explained Mrs. Dairah.

Networking as StrengthIn 2014, Mrs. Dairah started to get involved with PPNI (Persaudaraan Perempuan Nelayan Indonesia/Sisterhood of Indonesian Women fisher) and then selected as treasurer for PPNI of Indramayu.

“I believe we have to be involved in organization and build network. Can not work alone, (we) must have strong aim and team that willing to work, “ said Mrs. Dairah.

Mrs. Dairah never hesitate to share knowledge and experience to other fisher women. She realizes that all fisher women share the same problem: poverty, threat of domestic violence,


and minimum access and space to be involved.

Economical problems as the impact of extreme weather is surely not only faced by fisher women in Indramayu, Mrs. Dairah believes it also happen all over Indonesia. In every opportunity, Mrs. Dairah keep on pushing fisher women to be independent and strong in facing any challenges. The key is willingness to start a change.

“If you want to change, must start with yourself, then work hard to improve your life. To strengthen what we have achieved, we need to work with other,” added Mrs. Dairah.

Retracing Mrs. Dairah’s experience in facing the extreme weather, comparing to how the government still operate in reactive manner in dealing with climate change impact as shown in its program to distribute rice or other staple food.

Regardless, the cause of climate change, including mangrove conversion into apartment and charged-tourism area, which seems to be allowed while also evicted coastal villages, including fish worker and women fisher. Thus, the government existence is urgently needed to assure citizens’ safety.

Mrs. Dairah teach us one thing, that everyone can improve their life, and it starts with yourself” *** (Susan Herawati)

RIGHTS TO CULTIVATE AND CATCH FISH IN ACT No.5/1960 ON AGRARIAN

Introduction

Since 1960, Indonesia as a nation has put the fundamental of policy regarding fishery management. It is written in Act. No.5/1960 on

Agrarian which took into affect since 24 September 1960. Today we commemorate the day as National Agrarian Day, although some civil society named it as Hari Tani Nasional or National Farmer Day


Agrarian Act is part of the Core Act, functions as umbrella act which encompass tenure to earth, water, natural resource, including the outer space. It is reflected in its general description which only stating the main and underlying corridor.

There are three main purpose of Agrarian Act. Firstly, to put the fundament to the arrangement of national agrarian law or a tool to bring prosperity, happiness and justice for the state and the people, in order to achieve prosper and just society. Secondly, to put the fundament to bring law assurance regarding rights to land for the people.

The meaning of Agrarian Before entering agrarian in the context of fishery management, we need to understand the meaning of agrarian stated in the Agrarian Act, which slightly different from agrarian in general. Looking from its etymology, agrarian originated from the word “akker” (Netherland), “agros” (Greek) which means agricultural land, or “agger” (Latin) which means land or a plot of land, or “agrarian” (English) which means land for agriculture. And also in Bahasa Indonesia (Indonesian) “agraria” means 1)related to agriculture or agricultural land; 2) land tenure.

But the meaning of agrarian is different with the meaning of agrarian as stated within Agrarian Act. The meaning of agrarian is put in wider perspective including the earth, water, natural resource and outer space

(article 1, point 2). Legal perspective of agrarian then formulated based on the description in the Agrarian act, among other as stated in its consideration, article and explanation.

In accordance with the meaning of agrarian in Agrarian Act, Prof. Boedi Harsono as member of the formulating team shares the same perspective with the act. His view on agrarian is that agrarian law is not only a legal tool. But also a set of different laws which regulate control over natural resource which of course included in agrarian concept.

The rights to cultivate and catch fishAgrarian Act regulates land in detail, but regarding other agrarian resources such as natural resource, earth, water, the act function as a core act. Meanwhile other laws are sectoral in nature, which function as a complement for example the law on fishery that regulates fishery further. Thus it is important to explain the core principles on natural resource management.

Agrarian Act divide the rights to natural resources into two main categories, namely: 1. Rights to land; 2. Rights to water and outer space. The rights to land encompasses another 11 rights, namely: a. ownership rights, b.rights to use-business, c. rights to use-develop; d. rights to use, e. rights to rent; f. rights to clear the land; g. rights to harvest forest product; h. other rights which is not mentioned above but will be regulated by acts;


also temporary rights as mentioned in article 53: i. rights to pawn, j. rights to have profit sharing, k. rights to stay; and l. Rights to rent agricultural land. For rights to water and outer space, the Agrarian Act divide it into three categories, namely: a. rights to water use; b. rights to cultivate and catch fish; c. rights to use the outer space.

The Agrarian Act does not clearly regulate the rights to cultivate and catch fish. The word “fishery” were mentioned six times spread in the main text and elucidation parts. It can be understood, remembering the background situation during its formulation, Indonesia was just in the beginning of independency era. Further regulation on rights to cultivate and catch fish was not clearly regulated within the Agrarian Act. For its detail regulation, the act mandated a governmental regulation as stated in article 47, paragraph 2, Agrarian Act.

Main Regulation on Fishery The term “water” in the Agrarian Act includes internal water and Indonesia Territorial seas (article 1, par. [5] of Agrarian Act]. In other regulation, there is another consideration regarding the International Sea Law which adopted as national regulation on the management of marine natural resource. In 1960s regulation on sea law had not existed where a territory of a country only reach to three miles offshore based on the common law. Besides, Indonesian sea territory had not been regulated in national policy which later on declared in 1958 as Government Regulation on Republic of Indonesia waters territory.

In the elucidation of Agrarian Act no. 47, regarding rights to cultivate and

Right to Land, Water and Spaces

Right to Water and Spaces

Right to Land

Right of Ownership

Right to Water Right to maintain and Right to Capture

Right to Use Space

Cultivation Right Title

Building Right

Right to Use Rent Right

Open Land Right

Rights which are not included in the rights mentioned above will be set by

law and temporary rightRight to Collect Forest Products


catch fish is in the context of water which is not included in one’s land territory. Hence, the rights is given to the people regardless ownership to aquatic resource. Rights related to water body is differ to rights to land, due to difference nature where as land ownership is exclusive. The rights to cultivate and catch fish is different to single-ownership-natural-resource type, rather it should be regarded as a common property.

Principles of Fishery Resource Management in Agrarian ActAs mentioned above, the Agrarian Act is positioned as main act, while the sectoral acts, such as Law on Water, Law on Forestry, Law on Mine, and especially Law on Fishery are considered as complementary act of Agrarian Act.

The Agrarian Act was formulated to further describe the 1945 Constitution which underlying every national policy. The Constitution article 33 par (3) mentions “Earth and water and natural resource contained therein controlled by the state and used for the greatest prosperity of the people”. In the article, there are two phrases which guided the management of natural and agrarian resource in Indonesia. First, control by the state or state’s right to control and second, to be used for the greatest prosperity of the people.

The Agrarian act opens the interpretation on the state’s right to control through giving authority to the government in 3 aspects, which

are, first, to regulate and manage the purpose, usage, provision and maintenance of earth, water and outer space. Second, define and regulate legal relations between peoples and earth, water, and outer space. Third, define and regulate legal relations between people and legal acts regarding earth, water and outer space. In the implementation of state’s right to control, the state will authorize autonomous regions and customary communities, in the context of necessity and not contrary to national interest, according to the Government Regulation.

The authority of the state to control co-exist with its responsibility to manage the natural resource to achieve the greatest prosperity of the people. the meaning of people’s prosperity according to the Agrarian Act includes happiness, prosperity and freedom for the society and Indonesia as country of law which sovereign and independent, just and prosper.

Besides, the Constitutional Court in its decision no.3/PUU-VIII/2010 regarding judicial review of Law No.27/2007 on Management of coastal area and small islands also defines the phrase “for the greatest prosperity of the people” stated in article 33 par (3) of 1945 Constitution. The interpretation of the controlling rights of the state over “earth, water and natural resource contained” means that there are four forms of authorities by the state. First, the state has the authority and freedom to regulate. Second, the state has the authority and freedom to policy making. Third, the state


has the authority and freedom to manage. Forth, The State has the authority and freedom to monitor. The four authorities are given to manage the use of earth and water and natural resource contained to meet constitutional purposes.

The phrase “for the greatest prosperity of the people” can be interpret into four benchmarks, which are: first, natural resource use for the people. Second, equitable distribution of natural resource benefits. Third,

people’s participation level in using the natural resource. Forth, respects peoples right to use natural resource which passed on over generations.

Agrarian Act also highlights legal relation of people and natural resource. Legal relation between people, including legal institution with earth, water, and outer space, and its authorities will be regulated to achieve constitutional purpose of the greatest prosperity of the people and to prevent domination over life and


work of others. Differences of people’s condition and legal necessity of groups of people whereas is necessary and not contrary to national interest shall be considered by guaranteeing protection of the economically weaker group.

Correlation of Law on Fishery and Law on CoastThe complementary Acts including Law on Fishery evidently is asynchronous with the Agrarian Act. In consequence, the sectoral laws are not referring to the Agrarian Act as its underlying act and foundation of fishery resource management. To solve this problems, People’s Consultative Assembly of Republic of Indonesia (RoI MPR) issued a decree MPR No. IX/MPR/2001 on Agrarian Reform and Natural Resource Management.

MPR Decision XI mandates the government to carry out an assessment on Laws related to agrarian in order to re-synchronize inter-sector policy. The assessment on laws is the first step towards reform on agrarian and natural resource management which also completed with other policy directives. The president issued Presidential Decree No.34/2003 on National Policy in land affairs to respond to the MPR Decision XI. Nonetheless, the presidential Decree no.34/2003 back to square one by including only land affairs without comprehensive approach especially regarding fishery resource.

Law on Fishery and Law on Coastal areas and Small Islands should refer

to the Agrarian act to determine its management principles. But since its issuance in 1985 (Law No.9/1985 on Fishery which then revoked by Law no.31/2004 and replaced by Law no. 45/2009) Law on Fishery does not put natural resource as resource for greatest prosperity. Moreover, another problem regarding Law No.16/1964 on Profit Sharing in fishery


which was not referred to Agrarian Act and now under the unimplemented regulation.

The Law no.27/2007 on Management of Coastal Area and Small Islands has been in judicial review hence the right to coastal water concession eliminated from national policy framework. Nonetheless, the exclusive allotment

on coastal resource and small island is still in practice due to amendment to Law on Coastal No.1/2014. The Coastal law encourages foreign control over coastal and small island resources which contrary to the Agrarian Act. *** (Marthin Hadiwinata)

Disclaimer:All information and data

provided in Consultation of Law and Policy on Marine and Fishery Column are in general manner and to serve educational and advocacy purposes. Hence, not to be considered as legal advice.

Advisable to recheck the legal basis and list of reference used in this column to ensure the validity of laws mentioned.

Guided by:Ahmad Marthin Hadiwinata, SH (Law Advocacy and Policy Division)

Editors Of Kabar Bahari open discussion forum and asked questions about the law of marine and fisheries. Questions or topics for discussion can be delivered to the address of KABAR BAHARI Editor, Jl Kedondong Blok C Nomor 19 Perumahan Kalibata Indah Jakarta 12750 Telp./Faks: +62 21 799 4888, atau email : [email protected]

Introduction

On 6 January 2015, Minister of Marine and Fishery issued a ministerial regulation No.1/PERMEN-KP/2015

on Catching Lobster (Panulirus spp.), Crab (Scylla spp.), dan Crabs (Portunus Pelagicus spp.). In general it regulates two main aspects, first, prohibit the catching of lobster, carb, and carbs during their nesting period. Second, regulate the size of lobster, carb and carbs allowed to be captured.

Regulation of the Minister of Marine and Fisheries of the Republic of Indonesia Number 1 / PERMEN-KP / 2015 on catching lobster

(Panulirus spp.), Crab (Scylla spp.), And crabs

(Portunus pelagicus spp.)

Regulation of the Minister of Marine and Fisheries of the Republic of Indonesia Number 1 / PERMEN-KP / 2015 on catching lobster

(Panulirus spp.), Crab (Scylla spp.), And crabs

(Portunus pelagicus spp.)


Prohibition and RegulationArticle 1, explains general provision of terminology used in the regulation. Important note on the meaning of person, which encompass individual and corporate. It means the ministerial regulation applies to every party both individual or legal entity.

Article 2, explains the prohibition to catch lobster (Panulirus spp.), crab (Scylla spp.), dan crabs (Portunus Pelagicus spp.) during nesting period. With lack further explanation wether it includes the prior condition of carrying the eggs internally but before laying the egg. It should also followed with further details on symptom of these species during their nesting period.

Article 3, explains the size of lobster (Panulirus spp.), crab (Scylla spp.), dan crabs (Portunus Pelagicus spp.) allowed to be catch. First, for lobster (Panulirus spp.) is >8 cm. Second, kepiting (Sycilla spp) >15 cm in size. Third, carbs (Portunus pelagicus spp.) >10 cm in size. Measurement method described in the annex.

Article 4, regulates two obligations in catching lobster (Panulirus spp.), crab (Scylla spp.), dan crabs (Portunus Pelagicus spp.). First, if under alive condition, to release the catch if the regulated species during their nesting period or smaller than the required size. Second, if catch dead and found that the regulated species under nesting period or smaller than required

Image measurement crabImage measurement rajungan

Image measurement lobster

Measurements way Lobster (Panulirus spp.) Crab (Scylla spp.) And swimming crab (Portunus pelagicus spp.)


size, to record and report to General Directorate of Fishery through the head base port as listed in the fishing permit.

Regulation of article 4 of Ministerial Regulation no.1/PERMEN-KP/2015 stressing the obligation but without any explanation on sanction. The regulation is weak and with no verification method on infringement.

The last regulation in article 5 states that prohibition and regulation on catchable size is take into affect since the issuance date.

Ministerial Authority and Criminal ChargeAs explained in the beginning, lobster (Panulirus spp.), crab (Scylla spp.), dan crabs (Portunus Pelagicus spp.) during their nesting period and in a certain size are prohibited to be catch. The regulation is based on the authority of Minister of Marine and Fishery as regulated under Law No.31/2004 on Fishery and amendment to Law No.45/2009 on Fishery.

Minister’s authority regulated under article 7 par (1) letter q of Law on Fishery “in support of policy on fishery management, the minister regulates: q. minimum size and weight of catchable fish”. Under article 7, par (2) letter j of


Law on Fishery requires every person to comply to Regulation of Ministerial of Marine and Fishery on: “minimum size and weigh of catchable fish”

Violation to regulation stated in article 7 par (2) of Law on Fishery shall be punished by article 100 of Law on Fishery. Every person, both individual or legal entity, who violates the regulation shall be sentenced to a maximum fine of Rp. 250,000,000.00 (two hundred and fifty million Rupiah). There is an exception for small fishing under 5GT shall be sentenced at most Rp. 100,000,000.00 (one hundred million rupiah).

Regardless the Economic AspectThe interpretation of fishery is any activity related to processing and utilizing of fishery resources and its environment, including the pra-production, production, processing, marketing, which carried out under one fishery business system (Article 1, point 1 Law on Fishery), including fishery activity on lobster (Panulirus spp.), crab (Scylla spp.), dan crabs (Portunus Pelagicus spp.) which reflects it applies to non-fish product as well.

The main reason as stated by the Minister behind the regulation is to assure sustainability of fishery stock which threaten by over fishing practices. On the other hand, the government does not offer an specific scheme regarding better adjustment of commodity price in accordance with its economical price. With the new provision (prohibition to catch the regulated species during nesting period and under certain size), a special approach is necessary regarding market price of the regulated species. The strategy is crucial remembering that, as mentioned above, fishery encompass the pra-production, production, processing, marketing, which carried out under one fishery business system.


The Fight against trawl began since 1960s around east coast of Sumatra, North Sumatra to be precise. Before the use of trawl the

surrounding waters had great potential of marine resource. In the 1970s, violent conflict between local traditional fish worker who did not agree with the use of trawl. It resulted the issuance of a presidential Decree No.39/1980 on the prohibition of trawl under Soeharto's era. Despite the previous decree, two years later another Presidential Decree no.85/1982 on Shrimp Trawl released. The later decree allows the use of trawl in Arafuru, Kei, Tanimbar, Aru, and Irian Jaya Seas. Today we witness the most devastation due to damaging exploitation happen in these area.

Dahli Sirait

Fight the Trawl for

Fish Workers’ Prosperity at Balai Asahan

CapeUntil today, Balai Asahan Cape is an area with overfishing status and causing many traditional fish worker bankrupt. To be able to go fishing, fish worker needs to go farther and stay in the sea for months.

Dahli Sirait is the latest generation of Balai Asahan Cape fish worker who started in the 2000s. He joint the crew of fishing vessels that used trawl. He wanted to understand how these trawl vessel works, besides, he also joint vessel which used rawai net.

Organized The fight agains trawl encouraged Dahli to start an organized fight. Dahli, born 10 May, in his 38 of age initiated to organize fish workers in Balai Asahan Cape to create an organization. Eventually, on 14 March 2011, a Forum Komunikasi Nelayan Indonesia (FKNI/Indonesian Fish Worker Communication Forum) was established.


Before establishing FKNI, a local organization, Dahli tried to convince the existed organization, including HNSI, to fight against trawl. His effort seems to fade into thin air, all he received was promises without any changes.

There were no endeavor coming from the organization. Despite the obvious fact of how trawl not only had been causing great damage to sea resources, but also inflicted social conflict between the pro and contra fish worker to the usage

Edition 13thJanuary - February 2015 33 of trawl. Criminalization happened, including a case where a fish worker of the contra-trawl was threatened that his vessel and net would be crushed if he continued his plan to make a report to the police.

Consistently Unite

Since the issuance of Ministerial of Marine and Fishery Decree No.2-permen-kp-2015 on the prohibition of trawls and seine nets in Indonesian sea territory, Dahli together with FKNO highly appreciated the regulation. He though, it should have been prohibited since the reformation, remembering that 35 years ago a presidential decree no.39/1980 had been issued.

Despite the lack of timing, Dahli still appreciated government’s endeavor in fighting the trawls, although we need to see the next transition phase of the trawl vessels shifted into a more sustainable catch tools. If by January 2016 these trawl vessel fail to stop using their trawls, FKNI will be up front to eradicated these trawl vessels.

Thus, Dahli highlighted the importance of monitoring over fishery resources in Balai Asahan Cape, which until today has no civil servant investigator (PPNS). Although there is PSDKP in Balai Asahan Cape.

Dahli had an experience related to fishery resource monitoring. FKNI members captured a fish worker who used trawls and took him to PSDKP of Balai Asahan Cape. Due to the absence of officer who in charge of investigation, another officer were brought in from PSDKP of Belawan.

It ended up with the release of trawls user under fostering status. Hence, no deterrent effect for fish worker to stop using trawls in Malacca Straits.

At the end of the conversation, Dahli, a father to two children age of 7 and 1 year and 9 month, felt the need to continue the fight. His message to all traditional fish worker in Indonesia was “fish worker has to be involved in organization and be united to talk all the surrounding issues and should establish a fisher cooperatives to facilitate fisher production activities”. The fight over access to natural resource shall continue and economical resource also need to be managed to support our collective works.*** (AMH)

WORLD FISHERY

Fisher communities in the world once again commemorating world fishery day on 21 November. It began by fisher community who

concerns and decided to gather in New Delhi, India 17 years ago. The concern caused by the how close world fishery to the point of overfishing while at the same time worsening prosperity of the fisher community.

Protect Fish Worker and Women Fisher! 21 NOVEMBER 2014

DAY

Fishery as food sector needed an ecological approach and not only seeing fishery as merely stock of exploited commodity. It also need to be seen as a means to prosper the fishery community, coastal villagers both man and women and the need to protect marine sustainability including mangrove, coral reef, seagrass and small islands. Fishery sustainability depend on the these factors’ sustainability.

In this year, there are at least four strategic issues highlighted by the government. Firstly, related to claim of protection for fisher community and traditional aquaculture farmer, both man and female. Acknowledgment of fisher community and aquaculture farmer is closely related to how the State fulfill their rights. Both, for their rights as Indonesian citizen, which regulated under 1945 Constitution, and other law that define their fundamental rights as Indonesian


citizen. Also their rights as part of their profession in fishery which including State’s support and protection covering pra-production, production and post-production.

Second, fisher community often victimized in development along the coastal and small island area. Among many other, two example cases are Batang PLTU and Giant Sea Wall in Jakarta Bay. There are at least 10.961 traditional fisher worker threaten to lose their livelihood and 16,855 fisher worker will be evicted by National Capital Integrated Coastal Development (NCICD), a 600 trillion Rupiah worth project. As well with mining at coastal belt and small islands where no effort to stop the destructive activities have ever been done. In contrast, criminalization occur all the time toward fisher folk, as it happened

in Ujung Kulon National Park and now facing 5 years sentence and 100 million Rupiah fine for trying to make a living by catching fish and carbs.

Thirdly, subsidized fuel for traditional fish worker which just raised from Rp. 5.500 to Rp. 7.500. Among other sector, fishery and aquaculture are the most severely hit by the increasing fuel price, while there are no significant effort by the State to help these communities to cope with its negative impact. Nonetheless, fuel distribution scheme also does not conducted in transparent way and not open, which provide the convenient circumstances for collusion, nepotism and corruption. Moreover, subsidized fuel made accessible for big size vessel, beyond 30 GT which fuel consumption capacity up to 25.000 liter/month. It shows clearly which side the government is in.


Forth, related to illegal fishing: Agenda consisted of 5 priority for the government. First, resolve overlapped obligation in monitoring; second, Assure form of sanction in violating regulation on the obligation to employ captain and crew of Indonesian citizen in vessel under Indonesian flag, third, require an additional value of fishery product by requiring big scale fishery business to build fishery processing unit; fourth, law enforcement on the prohibition to trawls utilization through out Indonesian water; fifth, Assure fisher communities’ participation in fishery monitoring.

KIARA commemorate the world fishery day 2014, together with the fish worker, fisher women, aquaculture farmer, salt farmer, and coastal ecosystem conservationist and other civil society, including Persaudaraan

Perempuan Nelayan Indonesia (Fisher Women fraternity Indonesia), Federasi Serikat Nelayan Nusantara (the United Federation of Fishermen of Nusantara), Serikat Nelayan Indonesia (Indonesia Fishermen's Union), Kesatuan Nelayan Tradisional Indonesia (Unity of Traditional Fishermen Indonesia), Yayasan Lembaga Bantuan Hukum Indonesia (the Indonesian Legal Aid Foundation), LBH Jakarta, Koalisi Rakyat untuk Hak atas Air (the People's Coalition for the Right to Water) dan Solidaritas Perempuan (Women's Solidarity).

The exerted theme to the national and local government for world fisher day was protect fish worker and women fisher. *** (Anto)

Ingredients:1. 1 kg fresh bandeng (milkfish)2. Banana leaves3. Water4. 1 tbsp salt5. 4 Bay leaves6. 100 gr shreded lengkuas

(galangal)

7. 6 Red onion8. 40 gr Kunyit (tumeric)9. 1 tbsp cooked1 ketumbar

(coriander)10. 6 Garlic

How to:1. Blend2 garlic, red onion, tumeric, cooked ketumbar (coriander), and salt.

Then mix evenly with shredded lengkuas.

2. Prepare bandeng by washing it first then remove its intestines and followed with put it inside presto pot.

3. Make sure to cover each pile of fish with banana leaves to avoid damages due to sticky skin.

4. Put bay leaves and add some water to cover all the fish

5. Close tightly, cook for around 20 minutes. Turn of the stove and wait until the pot de-pressurized (no hissing)

6. Remove from the pot and let dry, before the fish ready to be fried.

Sekarang Now we know all the ingredients

and how to cook it, we can try to make it

ourselves.***

(Irma dan Susan)



1 ketumbarsangraiwhichmeanscookedusingpanwithsmallflamewithoutaddingoil,untilthekemiriturnsbrownishin color.

2 the traditional way to blend these ingredients is by using ulek-ulek (traditional mortar made of rock or wood)

Documents

Kabar Bahari 13 versi English