AN EVALUATION OF THE INDONESIAN LAW AND POLICY ON SMALL-SCALE FISHERIES*

Melda Kamil Ariadno** and Fitri Amelina***

ABSTRACT

Fisheries play an important role in food security, especially in Indonesia. Two-thirds of the land area is covered by sea and its coastal community is the largest one among the Indonesian communities. Data obtained from the Ministry of Fisheries and Marine Affairs in 2011 shows that 95 per cent of the operators in the Indonesian fisheries sub-sector operated on the small-scale and 42 per cent of them were women. Small-scale fisheries provide a great contribution to the food security of Indonesia and the world, either in the context of fulfilling animal protein needs or providing a basis for the local, national, and international-scale trade in fisheries products. The Indonesian fishing community contributes to the 90 per cent total amount of world fishers, of which half are women (FAO, 2012). To improve this small-scale fishing, the Food and Agriculture Organization (FAO) has initiated the adoption of ‘International Guidelines for Securing Sustainable Small-Scale Fisheries.’ It is still in negotiation regarding the main principles that are to be implemented by states in securing the sustainability of small-scale fisheries and figuring out the solutions that need to be taken by Indonesia to improve the living standard of the small-scale fisherman/woman. The article aims to provide problems identification, regulations assessment, and recommendations on small-scale fisheries in Indonesia.

Keywords: Small-scale fisheries, international regulation, Indonesia.

DOI: http://dx.doi.org/10.4314/jsdlp.v7i2.3

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* This article is the outcome of the research funded by the University of Indonesia on a giveaway scheme (Small Scale Fisheries) led by Melda Kamil Ariadno alongside with the research team members, namely, Mutiara Hikmah, Sammira Assovie, Fitri Amelina and Miftahul Khairi.

** Professor of International Law, Department of International Law, Faculty of Law, Universitas Indonesia. Director of the Center for International Law Studies and Editor-in-Chief of the Indonesian Journal of International Law, Faculty of Law Universitas Indonesia.

*** Junior Researcher on Center for International Law Studies, Faculty of Law Universitas Indonesia.

HAZE POLLUTION IN INDONESIA

Melda Kamil Ariadno*

ABSTRACT

Haze pollution has been one of the most serious environmental catastrophes in countries with wide areas of forest, such as Indonesia. Efforts to combat haze pollution have been carried out at the national, regional and international levels. Adopting principles developed within international law arena such as sustainable development, precautionary principle, foreseeability, due diligence and good neighbourliness have been canvassed for every state in the world especially those having activities which have potential impact to cause transboundary pollution. Indonesia has been experiencing forest burns from time to time and trying to combat it ever since. National law has been developed, institutions have been designated, and mechanisms have been created. These efforts are however far from complete. Indonesia needs to go much further than what have been undertaken this far. A necessary way forward would be to ratify the 2002 Association of Southeast Asian Nations (ASEAN) Agreement on Transboundary Haze Pollution, which Indonesia fails to ratify. This paper discusses the problems of haze pollution in Indonesia, the applicable rules under international law including the state responsibility doctrine, the mechanism developed within the ASEAN Agreement, what steps have been taken by Indonesian Government in combating haze pollution, and the need for Indonesia to ratify the ASEAN Agreement.

Keywords: Haze, Pollution, ASEAN, Indonesia

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* Melda Kamil Ariadno (LL.B) (LL.M) (Ph.D.) is a Senior Lecturer (Associate Professor) of International Law at the Faculty of Law, University of Indonesia, majoring in law of the sea, the law of treaties and international environmental law. email: meldakamil@gmail.com