asia-pacific journal of ocean law and policy 2 (2017) 318-330 brill.com/apoc
Indonesia’s Reform of Its Fisheries Law and Policy & Cooperation with asean in Combating iuu Fishing
Hadyu Ikrami Research Associate, Centre for International Law National University of Singapore [email protected]
Shortly after President Joko Widodo rose to power in 2014, he introduced his vision that Indonesia should emerge as a “global maritime fulcrum”, a mari- time power that will bridge the Pacific Ocean and Indian Ocean.1 He laid out a number of plans to realize this vision, including an emphasis on “building marine food sovereignty through the development of the fishing industry”.2 This makes perfect sense, since Indonesia is heavily dependent on its fishing industry. As the world’s largest archipelagic state, Indonesia produced almost 9 million metric tons of fishery products in 2012, which generated nearly usd 4 billion of export revenues in 2013.3 Furthermore, it is estimated that in 2011, each Indonesian consumed 28.9 kg of fishery products, making fisheries ac- count for 21% of Indonesia’s agricultural economy and 3% of the gdp (2012).4 Mindful of the importance of fisheries to Indonesia, Susi Pudjiastuti, Presi- dent Widodo’s handpicked Minister of Marine Affairs and Fisheries (“mmaf”),5 has been taking a wide range of measures over the past three years to boost the fishing industry, bringing about an unprecedented reform in Indonesia’s
1 Rendi A. Witular, “Jokowi Launches Maritime Doctrine to the World,” The Jakarta Post (13 Nov. 2014), online: http://www.thejakartapost.com/news/2014/11/13/jokowi-launches -maritime-doctrine-world.html. 2 Ibid. 3 fao, “Fishery and Aquaculture Country Profiles: The Republic of Indonesia,” fao Fisheries and Aquaculture Department (Jul. 2014), online: http://www.fao.org/fishery/facp/IDN/en, Part I, ‘Country Brief’. 4 Ibid. 5 The Straits Times Indonesian Bureau, “Indonesian President Joko Widodo Names 34-Mem- ber Cabinet,” The Straits Times (26 Oct. 2014), online: http://www.straitstimes.com/asia/ se-asia/indonesian-president-joko-widodo-names-34-member-cabinet.
© koninklijke brill nv, leiden, 2017 | doi 10.1163/24519391-00202008
1 Closure of Capture Fisheries to Foreign Vessels, Ex-foreign Vessels, and Foreign Individuals and Entities
Indonesia has prohibited foreigners, foreign vessels, ex-foreign vessels, and for- eign entities from fishing, working, and investing in the capture fisheries sector. The government has stopped issuing fishing licenses for all vessels built outside Indonesia, meaning that foreign vessels and Indonesian-flagged vessels which were built overseas (also known as ‘ex-foreign vessels’) are now banned from fishing in Indonesian waters. This is stipulated under a series of legislation, in- cluding mmaf Regulation No. 58 of 2014, which forbids government officials to issue or renew fishing licenses for the above vessels.6 Consistent with the 2008 Indonesian Maritime Law,7 the Regulation also prohibits the emplo yment of foreigners as shipmasters or other crew members of Indonesian fishing vessels.8 It further provides for disciplinary sanctions against officials who breach the Regulation.9 Furthermore, under the 2016 Negative Investment List, the capture fisheries sector is completely closed to foreign investment, since the sector may only be
6 Indonesian Minister of Marine Affairs and Fisheries Regulation (“mmaf Regulation”) No. 56/permen-kp/2014 on the Moratorium on Capture Fisheries Licenses in the Indonesian Fishery Management Territory, as amended by mmaf Regulation No. 10/permen-kp/2015, articles 1 and 2. Minister Susi decided not to extend the moratorium after it ended on 31 October 2015. Irene Inriana, “Menteri Susi Pastikan Tak Perpanjang Moratorium Kapal,” cnn Indonesia (3 Nov. 2015), online: http://www.cnnindonesia.com/ekonomi/20151103135800-92-89149/ menteri-susi-pastikan-tak-perpanjang-moratorium-kapal/. However, by virtue of the mmaf Secretary-General Letter No. B -195/SJ/11/2016 dated 11 February 2016, the moratorium has, in effect, become a permanent ban. kkp News, “Penghapusan Kapal Eks Asing dari Daftar Kapal Indonesia,” Ministry of Marine Affairs and Fisheries Republic of Indonesia (17 Jun. 2016), online: http://kkp.go.id/2016/06/17/penghapusan-kapal-eks-asing-dari-daftar-kapal -indonesia/; mmaf Regulation No. 58/permen-kp/2014 on the Discipline of Civil Servants at the mmaf in Enforcing Policies on Moratorium of Fishing Licenses, Transhipment at Sea, and Employment of Foreign Shipmasters and Sailors (“mmaf Disciplinary Actions Regula- tion”), articles 3(a)(1)-(2). 7 Indonesian Law No. 17 of 2008 on Maritime Affairs, article 136(1). 8 mmaf Disciplinary Actions Regulation, supra note 6, article 3(a)(4). 9 Ibid, articles 4–7.
asia-pacific journal of ocean law and policy 2 (2017) 318-330