Analysis of legal framework of community-based fisheries management in Indonesia

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  • Satria Arif
    Dept. of Marine Social Science, Faculty of Fisheries, Kagoshima University Center for Coastal and Marine Resources Studies Bogor Agricultural University
  • SANO Masaaki
    Dept. of Marine Social Science, Faculty of Fisheries, Kagoshima University
  • SHIMA Hidenori
    Dept. of Marine Social Science, Faculty of Fisheries, Kagoshima University

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Other Title
  • インドネシアにおける地域拠点型漁業管理（CBFM）の制度的分析

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Abstract

<p>In Indonesia, community-based fisheries management (CBFM) has been developed since long time ago and rooted from traditional fishing communities, which are roughly scattered in many islands of Sumatra, Java, Sulawesi, Maluku, Papua, and Nusa Tenggara Barat. However, it is necessary to examine to what extent the legal framework recognizes their existence. A tracing of the evolution of the legal framework of CBFM can be divided into four periods: the colonization period, the post-independence period, the New Order period, and the Reforms period. The result shows that CBFM is not sufficiently recognized by the formal laws yet, although the central government has started to develop the CBFM system. Therefore, this system is a de facto system in local area. However, without explicit recognition in the formal national laws, the existence of CBFM system is weak. The weakness of CBFM’s legal position may lead to the existence of de facto CBFM system vulnerable. Thus, this CBFM system becomes too dependent on the local government policy. If the local governments are willing to recognize and develop CBFM, it will be positive for the future of CBFM. Otherwise may threaten CBFM. Accordingly the legal reform is necessary to make CBFM de jure exist.</p>

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