Agus Pramusinto, Rico Hermawan, The Impacts of TransferringPolicy Marine & Governance and Fisheries Review Affairs in West Province and Volume 2, Issue 1, January 2018 (29-43) ISSN 2580-3395 (Print), 2580-4820 (Online) doi: 10.30589/pgr.v2i1.71

The Impacts of Transferring Marine and Fisheries Affairs in Province and Indramayu Regency

Rico Hermawan•

Abstract This article aims to discuss implications prompted by the transfer of administrative affairs in the field of marine and fisheries following the enactment of Law 23 of 2014 on Regional Governance. The locus of this study lies in the West Java Province Marine and Fisheries Office and the Indramayu Regency Fisheries and Marine Office. The policy implications were analyzed based on three aspects, namely human resource, organization, and finance. In both offices there was an issue concerning the lack of human resource capacity to support the authority they applied. The number of provincial office personnel did not support the expansion of the office’s given authority. Meanwhile, the potential of regionally generated revenue through activities such as laboratory testing and export certification for processed fish products had been dropped since such authority had been transferred to the central government. The process of transferring regional/ municipal assets to the province had also left behind remaining issues due to indeterminate status of lands in the regency. Based on the description of the matter, the coordination process between the regional and central government seemed very poor in the implementation of this law. The process of fiscal independency also became threatened due to regulatory format weakening the regions to increase their regional revenue contributions.

Keywords: authority; marine and fisheries; organization; finance; human resource.

Introduction which has been operational since the end of the The emergence of Law 23 year 2014 on New Order (Rasyid, 2016). It is also viewed as Regional Governance, as a revision to Law re-strengthening government recentralization 32/2004, had led to several changes in the (Ali Safa’at, 2015). institutional structure of regional autonomy. The sense of recentralization is indeed One of them refers to the transfer of authorities quite clearly visible in this law. Different to its that were previously managed by the regency/ predecessor, Law 23/2014 contains arrangement municipality to the provincial government or on the absolute authority of the central from the province to the central government. government in the decentralization concept. Inevitably, some scholars have linked such This new arrangement has emphasized that transfer of authority as an effort to narrow the Governor/Regent/Mayor were nothing than down the significance of regional autonomy, the authoritative extension of the President

• Center for Decentralization and Regional Autonomy, Indonesian National Institute of Public Administration. Email: [email protected]

29 Policy & Governance Review, Volume 2, Issue 1, January 2018 appointed to carry out central government Province (Governor), as a representative of the authority. Central Government, tend to lack effectiveness Conceptually, decentralization in the in their implementation (Sutrisno, 2015). Inter unitary states is understood as a system of level governmental relations were often mired government administration that places the in disharmony (Hariyono, 2003). locus of authority in the central government Therefore, transfer of authority is seen to (Bowman & Kearney, 1996; USAID, 2009; generate a considerable amount of significant Choudhry & Stacey, 2014). The regional implications. This study focuses on the government function as the subordinates of change of authority of governmental affairs in the central government by accepting delegation marine and fisheries that had undergone quite of authorities in an organized manner. The significant changes due to the implementation bearer of authority is the central government, of Law 23/2014. As provisioned in article 14, whereas the regions accept limited authorities the authority of the regencies/municipalities short of their own independence. Nevertheless, in managing marine and fisheries affairs had according to Fesler (1965), centralization and been gradually reduced. In Law 32/2004, the decentralization is considered as a continuum authority to manage marine and fisheries because, in principle, there is no country in affairs had been distributed among the the world that is being administered merely Central, Provincial, and Regional/Municipal, via centralization, although there may always whereas in the recent law, the authority is only be some authorities that are centrally carried shared between the central and provincial out. Conversely, there is no country that governments. Some of the authorities that only administers an entirely decentralized had been taken away included marine spatial governance. planning, law enforcement and monitoring, The transfer of most of these authorities coordination of management and utilization, as can in itself be seen as an effort to improve well as licensing (except for fisheries licensing). regional autonomy management until today. The extent of the province’s marine spatial Yet, the consequences generated from such authority is stipulated to be 0-12 nautical miles, policy is certainly not trivial. Many problems of which initially was 4-12 nautical miles. will ensue in cases where there are government This study aims to explore implications affairs that do not involve the regency/ experienced by two research locus, namely municipality in its management. This is because the West Java Province Marine and Fisheries the regencies have a closer span of control Office and the Indramayu Regency Fisheries when compared with the provincial and central and Marine Office following the policy change governments. The standard arguments for this that has been embodied in Law 23/2014. These relate to responsiveness and accountability: policy implications are examined through three that local governments are closer to the citizens aspects: Capacity of government personnel, and to the consumers of services, and are thus institutional capacity, and financial capacity. better able to make choices that reflect the needs and priorities in their jurisdiction than Transference of Marine and Fisheries Affairs is a remote central government (Devas, 1997). Marine and fisheries affairs in Law One of the factors making such transfer difficult 23/2014 is considered to be biased against to carry out relates to the frailty of inter level regencies/municipalities. Upon reading the governmental coordination. For approximately attachment relating to the distribution of this two decades, the coordinative, assistance, affair in the law, it is blatantly clear that a very and monitoring functions carried out by the substantial transfer of authority had taken place.

30 Agus Pramusinto, Rico Hermawan, The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency

In Law 32/2004 via its implementing regulation, decentralization. From its Latin linguistic roots, Government Regulation (PP) 38/2007 on the centralization means to move toward a single Distribution of Governmental Affairs among point, whereas decentralization means to move Central Government, Provincial Government, away from the center. and Regional/Municipal Government, there The term of centralization and was quite a fair distribution of affairs among decentralization means different things to the central, provincial, and regional/municipal different people (Cummings, 1995; Dickovick, governments, but in Law 23/2014 the change 2003; Hutchcroft, 2001; Cheema & Rondinelli had significantly varied and is noticeably 1983; Rondinelli, McCullough, and Johnson 1989; imbalanced (see Table 1). Conyers, 1983; Bennett, 1990; Mawhood, 1993). Centralization is defined as the concentration of Table 1. authority at the top level of the administrative Comparing Quantity of Authority system. Meanwhile, decentralization is defined as Distribution in Marine & Fisheries Affairs transference of authority, legislative, judicial, or Regency/ Regulation Central Province administrative, from a higher level of government Municipality to a lower level. In the political system of unitary Law 32/2004 108 104 101 and PP 38/2007 state, decentralization includes devolution Law 23/2014 23 10 3 and deconcentration (Smith, 1967). According Source: Data composed by the writer (2017) to Duchacek (1986, p. 59), there is not one country in the world capable of maintaining Although marine and fisheries affairs its existence without centralization, and there may be regarded as a limitative affair, meaning is no country administered by decentralization that it is adjusted to the region’s conditions an sich. Since founded, a country will always and capacity, the field of marine and fisheries adhere to centralism, one of the reasons is to is a crucial matter that should be managed in distribute and define their roles and functions a holistic manner, collectively involving all in government administration. The level governmental levels. As an archipelagic state of centralization depends on the system of with maritime characteristics, the sea and all government as influenced by economic, political, its elements become an integrated part in the and social system, as well as external demands efforts of realizing public welfare as mandated of national or global character, such as the issue by the constitution. A synergy between central of democracy (Kelsen, 2006). Centralization and and regional governments is, thus, necessary, decentralization are also inseparable since in the and not merely placing it at one governmental concept of decentralization, not all power should level. be delegated by the central government to the regions, as Turner states, the central government Theoretical Review must retain a core function over essential matters Centralization and Decentralization Discourse and ultimately has the authority to redesign the system of government and to discipline All this time the dichotomy between or suspend decentralized units that are not decentralization and centralization has often performing effectively (Turner and Hume, 1997). been simplistically understood. The fact that centralization and decentralization are seen The Concept of Governmental Affairs and as two opposing concepts is often overlooked. Level of Regional Autonomy In public administration study, there is no single definition afforded to centralization and In Law 23/2014 government affair is defined as “government supremacy under

31 Policy & Governance Review, Volume 2, Issue 1, January 2018 the authority of the President in which its people, the better it works. The closer the implementations are conducted by state regional government –in the Indonesian context, ministries and Regional Government this means the regencies/municipalities– is, the administrators in order to protect, serve, better it operates in providing basic services to empower, and provide public welfare to the the public. Secondly, people should have the people.” The emphasis here lies in the statement right to vote for the kind and amount of public “government supremacy under the authority service they want. The people have the rights of the President”, which indicates that the law to directly participate in the government’s aims to clarify the concept of decentralization public services or policies. The close proximity within a unitary state. Wherein the authority of between the public and the government government affairs distributed to the ministries may increase government effectiveness in and regional governments essentially belongs conducting its activities. The public can directly to the President as the head of state. The involved in the policy process or the monitoring regional heads at the provincial or regional/ of government administration. municipal levels are nothing more than the President’s subordinates who have received a Public Policy Change delegative mandate to carry out the authority The discussion about public policy for managing government affairs the President change begins with an understanding of what afforded them with. public policy is. Friedrich (1967) defined policy Decentralization practices in unitary as a series of actions or activities that always states such as , ultimately return to correlates with the attempt of attaining several the coherence between authoritative levels intent and objectives. Although the goals of and government affairs. Alderfer (1964) argue government activities are not always easy that the measure of local autonomy in any to accomplish, the idea that policy involves nation may be gauged by two criteria: the the behavior of actors is a vital part of that allocation of governmental powers between definition. national and local units, and the control Relating to the policy change presented of the national administration over the in the Law on Regional Governance, the subordinate entities. The allocation of powers question requiring an answer is how do policy is observed from the aspect of legislation makers make choices or take actions that hierarchy that allocates authority to the regions. were subsequently arranged in the said law? The higher the legislation hierarchy that Understanding the actors’ actions and choices underlies the establishment of governmental is, therefore, essentially understanding how powers allocation, the more decentralized the the actors “rationalize their selected actions”. government system. Improving on Alderfer’s The regional decentralization policy change opinion, Hart (1972) proposed the argument in the new Law on Regional Governance that aside from a quantitative measurement, shows that the focus of the matter lies on the level of autonomy should also be measured how the patters and relations in authority qualitatively by examining the willingness of distribution of governmental affairs between the party relinquishing its authority in support central, provincial, and regional/municipal of greater autonomy in the regions. governments work. Stigler (1957, in Shah, 2006) identified Kumorotomo (2007) argue that four main the principle to distribute governmental affairs elements that lead to policy changes, namely between to regional governments, firstly, the the actors, policy objective, action, and reaction. closer a representative government is to the Policy actors include the central government

32 Agus Pramusinto, Rico Hermawan, The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency as the composer of regulation. Actors analysis articles, relevant manuscripts, and legislations. is conducted to understand the behavior and The study uses interactive date analysis reasoning or factors prompting policy changes methods throughout, from data collection to to occur. Policy objective relates to analysis of data presentation and conclusion or verification. factors formulated by actors. When dealing (Miles et al., 1994). with policy objectives, what alternatives (actions) are taken. Whereas, reaction refers Results to the response of other actors involved or Implications in the Field of Human Resource impacted by policy change. The actor impacted The problem concerning human resource the most by this change is undoubtedly the is indeed the most striking for both locus of regional government. A deeper understanding study. The West Java Marine and Fisheries on their reaction toward the new regional Office considers the transference as a burden to governance is necessary. them, as they have very little support in terms of human resource. The amount of personnel Methods in the office is very small while the managed This study utilizes the case study authority has increased with more extensive approach. The case study approach is quite reach. beneficial for exploring a phenomenon that is currently discussed among the public (Yin, “Different to other fields of affairs, 1994). There is a limited time frame employed marine and fisheries authority had been transferred to the province, yet in this study. The focus of study in this research the personnel were not transferred. is the issue of marine and fisheries affairs That is a big problem for us. We are implementation following the enactment questioning this today! When the of Law 23/2014 in West Java Province and school (Senior High School/SMA) Indramayu Regency. The time frame of this authority moves, the teachers move along with it, even the school’s study is limited within the time period of security personnel move as well.” 2014 up to 2017, that is three years since Law (Statement from Secretary of the 23/2014 had been established. This study is West Java Province Marine and not intended to generalize this issue in other Fisheries Office, May 2017). regions. The sources of data in this study were Based on the data, it is observed that gathered via two methods, wherein the first one the lack of functional personnel becomes the is interviews. Interviews were carried out to most immediate issue confronted by the office. conduct inquiries and explore perspectives as Upon deeper examination, there is urgency in well as implications of authority transference. transferred authorities deemed as the most vital In sum, there were as much as 15 informants to relate with functional, technical activities interviewed coming from several relevant such as ship licensing, marine monitoring, institutions namely the Ministry of Home physical check of ships, and harbormaster Affairs, Ministry of Marine and Fisheries, affairs. Therefore, the most required positions Marine and Fisheries Office of West Java, and are that of certified harbormasters, fisheries Fisheries and Marine Office of Indramayu. In inspectors, fisheries related Civil Servant addition to using primary data sources, this Investigators (PPNS), and officers in charge study also uses secondary data sources in of physical checking of ships. However, the the form of documents and records through transfer of authority was not followed with text books, national and international journal the transfer of personnel from the regencies/

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Table 2. Employee Data of West Java Marine and Fisheries Office as of March 2017 Non Structural/ No WORK UNIT Structural Functional Total Administrative I Secretariat 5 33 1 39 2 Marine Affairs 4 7 - 11 3 Capture Fisheries Section 4 6 - 10 4 Fish Farming Section 4 9 3 16 5 Production and Marketing of Fisheries Product Section 4 7 - 11 6 Wanayasa Goldfish and Nile Talapia Stock Acceleration 4 11 - 15 and Development Agency 7 Cijengkol Catfish and Patin (Pangasius sp.) Fish Stock 4 15 - 19 Acceleration and Development Agency 8 Singaparna Nilem and Gourami Fish Stock 4 16 - 20 Acceleration and Development Agency 9 South of Pangandaran Marine Area and Brackish Water 4 18 - 22 Fish Development Agency 10 North of Sungai buntu Marine Area and Brackish 4 11 - 15 Water Fish Development Agency 11 South of Cilautereun Area Fishing Port Agency 4 7 - 11 12 North of Muara Ciasem Area Fishing Port Agency 4 10 - 14 13 Fisheries Product Quality Development and 4 24 - 28 Testing Agency 14 Ciherang Ornamental Fish and Public Waters Fisheries 4 12 - 16 Preservation Agency 15 South of Pangumbahan, Sukabumi Area Fisheries and 4 - - 4 Marine Resources Conservation and Monitoring Agency 16 North of Cirebon Area Fisheries and Marine Resources 4 - - 4 Conservation and Monitoring Agency Total 65 186 4 255 Source: West Java Province Marine and Fisheries Office (2017) municipalities to the province. In terms of ship licensing, the office currently manages the licensing of ships “We are in dire need of people with weighing 5 to 30 GT. Formerly, in Law 32/2004, particular specifications such as the province only handled licensing for ships certified harbormasters, fisheries inspectors. Those who go on patrols weighing 10 to 30 GT. This new provision has must have their own certification. We become a burden to the province since the also need someone who carries out majority of fishermen in West Java are small physical checks on ships. Currently, scale fishermen with vessels weighing under the authority for vessels weighing more than 5 Gross Tonnage (GT) up 10 GT. to 10 GT have been transferred to the province, but the officers were not. “Now, the province must manage We have 76 fishing ports (PPI) that vessels sizes 5 to 30 GT. This increases was transferred, but there’s no civil our load since the majority of vessels servant (PNS) available” (Statement in West Java are those below 10 GT. from Echelon II Official at the West Whereas in my section, I only have Java Province Marine and Fisheries two staff”. (Statement from one of Office, May 2017). the Echelon IV Officials at the West Java Marine and Fisheries Office, May 2017).

34 Agus Pramusinto, Rico Hermawan, The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency

Moreover, the lack of personnel will not personnel at the secretariat, there are help in efforts of resolving licensing violation three sections requiring echelon IV and there are three so in total there issues that has frequently been occurring, such are 9. So, we lack of Civil Service at as cases of marking-down vessel sizes. Serious Staff Positions (PNS Staffs). We have provision of services and quality personnel a dilemma” (Statement from echelon as well as considerable amount of licensing IV official at the Indramayu Regency administrators are needed to address this Fisheries and Marine Office, June 2017). matter. With a restricted number of personnel, Table 3. the efforts put into addressing this issue may Personnel Composition at the Indramayu be considered as questionable at best, Regency Fisheries and Marine Office “All this time, fraudulent practices No Work Unit Total of fishermen have become common I Structural (Echelon II – IV) 32 knowledge. Formerly the regencies 2 PNS of general function 21 were authorized for providing 3 PNS of Particular Function for Fisheries 9 license to vessels up to 10 GT. Their Counseling ship size was 12 GT, but since they 4 Fisheries Counselors (PPB – Contract 18 Workers with employment contract from were lazy to head down to the the Ministry of Marine and Fisheries) province, the size was marked-down 5 Honorary Staff/Voluntary Workers 39 so that they just had to deal with the Total 119 regency”. (Statement from one of the Echelon IV Officials at the West Source: Indramayu Regency Fisheries and Marine Java Marine and Fisheries Office, Office (2017) May 2017). Based on the data, it can be said that The issue concerning lack of personnel the composition of personnel at the Marine is also experienced by the Indramayu Regency and Fisheries Office is less than ideal. The Fisheries and Marine Office. Unavailability of number of echelon officials and PNS staff personnel has, actually, been an old problem, is nearly the same. When the ratio between even before Law 23/2014 has been enforced. them is calculated, there is a 0.65 ratio of Although the authority they carry out has been echelon officials and staff, its means there reduced, the number of available personnel is are officials who do not have PNS staff. This still considered insufficient to conduct the tasks condition clearly produces significant impact and functions of the office. As a result, the office in the office’s work process. First and foremost eventually recruited honorary employees to relates to the obstructed process of personnel address their personnel needs. regeneration, particularly in particular function positions (JFT) such as laboratory officer, fish “For us, although our authority has been reduced, the currently available health officer. personnel remains very insufficient. According to calculation results of Implications in the Field of Institutional recent regional unit organization Problems relating to institutional aspects time allotment management, our class is Type A because we got a may be described from several existing issues score of 910. But the policy of the such as regulation disharmony, one of them regional head, upon consideration concerning the regulation on ship licensing. of budget and personnel availability, It is stipulated in article 407 Law 23/2014 that stipulates that it be lowered to Type B. Even with a Type B classification, all regulations directly relating to the region there should be two echelon IV must comply and be adjusted to this Law. This

35 Policy & Governance Review, Volume 2, Issue 1, January 2018 means that every sector ministry issues their ship licensing. There is ambiguity in this own regulation, and the provisions must be case, because according to Law 7/2016 small adjusted to the Law on Regional Governance. scale fishers are defined as those having fish Nevertheless, current conditions show that capturing vessels under 10 GT, while according synchronization among existing regulations is to Law 23/2014, it is defined as those between in fact frequently undermined. 5 up to 10 GT which falls under the authority In Law 32/2004, the authority of issuing of the province. This causes confusion in the license for fish capture was distributed among regency and fishers’ community” (Statement the central, provincial, and regional/municipal from one of the echelon IV official at the West governments. The central government had the Java Marine and Fisheries Office, May 2017). authority to issue license for vessel capacity over In addition to Law 7/2016, there are other 30 GT and under 30 GT for vessels employing regulations with contents different to Law foreign worker. The province had the authority 23/2014, such as Government Regulation (PP) to issue fish capture license for vessels weighing No. 11/2015 on the Types and Tariffs of Non-Tax over 10 GT up to 30 GT without employing Revenues. According to PP, the tariff applied to any foreign worker and the regency was given vessel types starts from those weighing 7 GT. authority to issue fish capture license for vessels This means the PP has worsened the existing between 0 up to 10 GT. confusion in terms of vessel types charged However, since the implementation of with tariff, because based on the decree of the Law 23/2014, the regency is no longer afforded minister of marine and fisheries, vessels under the authority to issue license for fish capturing 10 GT are tariff free. ships. That authority has been transferred to “According to Law 7/2016, vessels the province to issue business license for fish up to 10 GT should not be charged. capture with vessels weighing over 5 GT up to But in this PP vessels weighing from 30 GT. The Small Scale Fishermen, just need 7 GT are charged” (Statement from to proceed their application into the Regional an echelon IV official at the West Ship License Information System (SIMKADA) Java Marine and Fisheries Office, May 2017). managed by the regency. There is an issue when one of the sector Another institutional issue is the laws, namely Law 7/2016 on the Protection misconception about the establishment of and Empowerment of Fishers, Fish Raisers, branch office(Cabang Dinas). The branch office and Salt Farmers states a definition different is a new institution that may be established to Law 23/2014. One of them relates to the by the province as an impact brought about definition of small scale fishers, which differs by the transference of affairs. Based on between Law 23/2014 and Law 7/2016. In the MoHA Regulation No. 12/2017, branch office former, although it does not explicitly state the is defined as a work unit under the office definition, it is specified that small scale fishers with a particular work area. It functions to are those who have vessels up to 5 GT. Whereas carry out coordination, evaluation, program the later stipulates that small scale fishers are administration, and activities of the office those who capture fish to sustain their daily within its work area. From the definition, the life, be it those who do not use fish capturing work procedure of the branch office is the same vessel or those who do with a maximum weight as the head office(Dinas Induk). Meanwhile, the of 10 GT. most urgent institution needed by the office is The difference in definition of the two operational unit namely Regional Technical has created consequences on the process of

36 Agus Pramusinto, Rico Hermawan, The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency

Implementation Unit (UPTD). The perception “Now, because they (the regencies) of establishing a branch office is very different no longer have any authority, they become more negligent. While in between the Province Organization Bureau and fact it is their community that we the Office. The Organization Bureau defines are patrolling in”. (Interview with the branch office as having similar form and an echelon IV official at the West function as the UPTD, whereas the Office does Java Marine and Fisheries Office, not consider it the same as UPTD, because the May 2017). task and function of the UPTD is more technical and operational. Meanwhile, in Indramayu Regency, the The need for establishing UPTD is also emerging institutional issues are, firstly, the considered to be more vital to the Provincial appearance of ‘marine’ nomenclature in the Marine and Fisheries Office keeping in mind office name. The official designation for the that the authority afforded to the province field of marine and fisheries is the Marine tends to be more operational in nature, such and Fisheries Office. Whereas, based on Law as ship licensing, marine monitoring, ship 23/2014, regencies/municipalities no longer check, and so on. Additionally, the lack of have the authority to manage the marine PNS also becomes a problem in itself for the sector. Based on the Minister of Marine establishment of branch offices. and Fisheries Regulation 26/2016 on the Guideline for Nomenclature of Regional Unit “When we had a meeting with the and Work Unit in Provinces and Regencies/ Regional Secretary, the organization Municipalities Conducting Governmental bureau asked which UPTD will be Affairs in the Field of Marine and Fisheries, it converted into a branch office. Well, is stated in article 3 verse (2) that the Regional that’s not how we think! UPT is UPT. It’s different with branch office. For Unit Nomenclature for Regency/Municipality instance, say that there is a Fishing is the Regional/Municipal Fisheries Office. Port Agency that is converted into Thus, the marine nomenclature should not be a branch office, so will the branch inscribed in Indramayu. Furthermore, within office then retain the task of issuing ship licenses. This is the task of the the organizational structure, the section tasked port (UPTD) not the branch office. with marine affairs and its budget structure was That’s technical stuff! The branch not found as well. The three field of tasks the office are tasked with functions regency office has consist of: relating to coordination, facilitation, evaluation, those are its functions, a. Small Scale Fishers Empowerment Section nothing operational. If it is meant b. Fish Market and Business Development to provide service, then that is the Section UPTD.” (Statement from an Echelon c. Fish Farming Section. II official at West Java Marine and Fisheries Office, May 2017). The emergence of this nomenclature Another institutional implication is the is related to the poor harmonization process emergence of regional/municipal negligence between the regencies and the province, as toward conservation and monitoring activities well as between the Ministry of Marine and as such authority has been transferred to Fisheries and the Ministry of Home Affairs. At the province. Since the transfer of authority, the regional level, the perception of the West Java coordination between the province and the Organization Bureau as regional coordinator is regency/municipality has become more rigid in different with the regency’s perception that is the implementation of their monitoring function. based on the the Minister of Marine and Fisheries

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Regulation. The Ministry of Home Affairs The differences of views presented declared that the appropriate nomenclature for above have indirectly provided the conviction regional/municipal office should include marine that the decentralization process in Indonesia on it, while the Minister of Marine and Fisheries remains to be stained with failures in creating Regulation states otherwise. communications and coordination among institutions, be it between regional and central “Even I’m asking that. In the Minister administrators, or even between different of Marine and Fisheries Regulation central government institutions. it’s just fisheries. But when I asked the (Indramayu) organization section, verification results with the province Implications in the Field of Finance has determined that the nomenclature One of the most hard-hitting implication marine should appear. They think that this is in accordance with the experienced by the regions relates to finance. guideline available in the Minister For the regions, marine and fisheries potentials of Home Affairs Regulation. So, provide quite a substantial income to their local according to the Organization Bureau, own-source revenue (PAD). In the West Java the marine nomenclature should remain. That’s why, its official name Province, one of the authorities transferred to is the Fisheries and Marine Office. the central government is laboratory testing and Fisheries is positioned first followed issuance of health certificate for processed fish by marine.” (Statement from an product export, which annually contributed 4 to echelon IV official at the Indramayu Fisheries and Marine Office, June 5 billion rupiahs to the PAD. This transference 2017). was protested by the provincial office since there was no effort in attaining a win-win According to the Ministry of Home solution between the central and provincial Affairs, the nomenclature guideline issued by government when this authority was retracted the Ministry of Marine and Fisheries Regulation to . The province felt disadvantaged is incorrect, with the loss of such PAD potential.

“It shouldn’t be necessary to say “Our laboratory has been thoroughly regency/municipality, from a accredited. The health certificate has nomenclature aspect, they only allow penetrated the European market. Fisheries Office. Then who would If it has penetrated the European take care of small scale fishers? market, it means that it can go They are all out at sea. The right anywhere. As a result, our PAD has one should be Regional Marine and decreased. Every year we were able Fisheries Office, but their role in the to contribute approximately 4 to 5 marine sector is insignificant. Now, billion per annum from the results if there’s no marine in the title, what of laboratory fish test and issuance will happen? While, de facto they still of health certificate.” (Statement have their marine areas. I was also from echelon II official at the West surprised me when someone from Java Marine and Fisheries Office, the regency made a complaint to me April 2017). that they are not allowed to form a marine office. I said “That’s wrong, In addition to the problem of losing you can!” (Statement from an echelon III official at the Ministry of Home potential PAD, the process of transferring Affairs, May 2017). assets from the regencies/municipalities to the province has not entirely been cleared, particularly the transfer of Fishing Ports (PPI)

38 Agus Pramusinto, Rico Hermawan, The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency amounting 76 units spread out throughout Indonesia, coordination is the key to success. regencies/municipalities along the north and Yet, during the two decades, what unfolded south coasts of West Java. The process of asset was instead an emphasis on the sector egos of transference, in fact, seemed very complicated each government level. Actually, the most basic due to the unclear status of land ownership in question to ask, when the central government the regencies/municipalities. say that all this time after the authority of managing affairs such as energy and mineral “The current fact is that when we resources, forestry, maritime had been afforded go to the field, some of the lands are customary lands, while it is clear to the regencies/municipalities without success, that what we will accept belongs is whether it is unsuccessful due to mistakes to the regency administration, it is made by the regencies/municipalities or, if it recorded in the inventory card (KIB) truly is unsuccessful, is it still debatable. at the Financial Management Board and the Regional Asset (BPKAD) as The transference of some affairs to the well as at the Regional Secretariat. province is seen as an attempt at reinforcing (Statement from an echelon II official the province, which has less strategic role at the West Java Marine and Fisheries throughout the regional autonomy process Office, April 2017). (Ministry of Home Affairs, 2011). However, the The province is indeed protesting issues analysis was too premature. In the context of pertaining to PPI land ownership in the marine monitoring for example, in reality the regencies/municipalities. The construction number of illegal fishing in Indonesia remained process of PPI at the regencies/municipalities very high when monitoring was still under the were not fully clear. Numerous PPI seemed to authority of regencies/municipalities (Food have been constructed haphazardly and are and Agriculture Organization of the United inadequate to operate. Nations, 2014). Meanwhile, in Indramayu the process For the West Java Province Marine of asset transference to the province was and Fisheries Office, with the expansion of indeed not an easy task. Out of the 13 PPI to their authority, coordination with regencies/ be transferred to the province, only five (5) municipalities becomes a vital point. The PPI have clear land ownership status as it is provincial office is surely incapable of owned by the state or government, while the implementing the policy alone, keeping in mind land ownership status of the remaining PPI is their expanding administrative scope. This is that of villages or individuals. even more substantiated upon observation of the considerably broad coast line of West Java Discussion reaching 755.83 kilometers (BPS of West Java, 2016), wherein 11 regencies/municipalities have Regional Autonomy and Inter-governmental marine areas in them. Maritime monitoring is Level Coordination clearly one of the substantial burdens keeping The various problems presented from in mind the prevailing lack of personnel and the two locus indicate that implementation budget. Efforts in strengthening coordination of regional autonomy in Indonesia still has with the regencies/municipalities has indeed numerous challenges to overcome. One been carried out by the provincial office, of the main challenges is the lack of inter- despite it being limited to administrative governmental coordination of institutions at coordination. This is because the provincial the central and regional levels. While in fact, in office program could not reach all existing the concept of hierarchical autonomy such as regencies/municipalities.

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“We have to find a way to be able The level of regional dependency on balancing to conduct estuary dredging on fund afforded by the central government the shore. Because this year (2017) is still very high despite the delegation of a estuary dredging in the coast of Indramayu was not included in number of authorities to the regions (Ministry the provincial office program of of Finance, 2017). The regional government activities.” (Statement from an must financially become independent from the echelon IV official at the Indramayu central government by finding and amassing Fisheries and Marine Office, June 2017). as much PAD sources as possible. With the issuance of Law 23/2014, the To the Indramayu Fisheries and Marine region’s financial independence process has Office, maintaining good coordination and ended up in a dilemmatic condition instead. The communications with the provincial office West Java Province had to lose a potential PAD is a must. This is because of the regency’s of 4 to 5 billion rupiahs from the fisheries sector dependency on economic turnover at the due to the transfer of authority in laboratory Fish Market (TPI). The authority of PPI testing and issuance of certificate for export of management, which includes the TPI, has processed fish product to the central government. currently been transferred to the province. This definitely raises questions concerning the Meanwhile, every month, the estuaries around commitment of creating fiscal independence. the PPI need to be dredged due to high level Concerning the authority for laboratory of sediments along the north coastline of testing and export certification, the West Java Indramayu. Such dredging must be conducted Province Processed Fish Product Development so that fish capturing vessels can dock on and Testing Agency (BP2HOI) has actually the harbor and economic transactions can secured proper accreditation and the health take place at the TPI so that the Indramayu certificates issued by the agency have been Government can charge tariff from the fish acknowledged by the European market. Here, auction occurring at the TPI as local own- international acknowledgement toward local source revenue (PAD). Hence, coordination contribution can be observed, and if it were with the provincial office prioritizing estuary maintained it may propel fiscal independence. dredging along the Indramayu coast is desired, “Our expectation is that not all to maintain Indramayu’s regionally generated export certification authority be revenues. At the central level, coordination entirely transferred to the central between the Ministry of Home Affairs and government. The province would the sectoral ministries is, unavoidably, a vital still like to conduct laboratory testing at the Processed Fish Product part in order to assure the implementation of Development and Testing Agency, policies at the regional level. while the central government issues health certificates. So the province Threat to Fiscal Independency can still obtain PAD from laboratory testing.” (Statement from an echelon Fiscal decentralization is one of the II official at the West Java Marine important aspects of regional autonomy. The and Fisheries Office). level of regional fiscal autonomy indicates the regional government’s capacity in increasing However, the view of the central local own-source revenue (PAD) contribution. government regarding the loss of PAD potential However, it must be admitted that the level of may be said to be counterproductive to the fiscal decentralization in Indonesia remains low. efforts of fiscal autonomy, as mentioned by

40 Agus Pramusinto, Rico Hermawan, The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency our informant, municipalities have turned conservation and maritime monitoring implementation into a “If we talk about the loss of PAD challenge due to the emergence of regencies’/ potential, what’s the difference between the region’s money and municipalities’ negligence caused by the sense central government money. No that they no longer have authority over the matter what it is still our money. matter. In the aspect of finance, transference of It’s just that it’s managed by the authority has resulted in the loss of potential central government. There will still be schemes of funds returned to regionally generated revenues. The West Java the regions.” (Statement from an Marine and Fisheries Office lost a potential echelon III official at the Ministry of PAD of 4 to 5 billion rupiahs per year from Marine and Fisheries, March 2017) laboratory testing and certification of export for processed fish product. Meanwhile, The understanding of fiscal autonomy the process of asset transference from the has not been considered as a significant topic regencies/municipalities to the province within the framework of regional autonomy in experienced difficulties due to unclear status Indonesia. The central government’s argument of land ownership. about fiscal decentralization needs to be This study shows that inter- articulated as a full commitment to establish governmental coordination is a challenge in a self-sufficient regional government, so that the implementation of Law 23/2014. There the central government can reduce the budget is a policy gap between central and regional load that has to be transferred to the local governments. Hence, the central and regional government. governments need to establish an integrated pattern of coordination in order to ensure Conclusion effective implementation of policies in the The transference of governmental affairs field of marine and fisheries. The process in marine and fisheries based on Law 23/2014 of policy harmonization at the central level has brought about quite significant implications needs to be improved in order to provide to the regions. This is described in the analysis legal certainty on the implementation of results of the two study locus, namely the West policies in the regions, so that there will be no Java Province Marine and Fisheries Office and regulation disharmony prior to their regional the Indramayu Regency Fisheries and Marine implementation. Enhancement of not just Office, by examining three aspects of human the quantity, but also the quality of human resource, organization, and finance. resource should be given special attention. In the aspect of human resource, the Easier transfer process for civil servants may problem of insufficient personnel quantity be a strategy for reducing staff unavailability both at the provincial and regional offices is so that regional office programs and activities clearly a crucial matter. The need for more can be implemented effectively. personnel is obviously gaining significance in the province because of the expansion References of authority and broader scope of work Alderfer, H. A. (1964). Local government in area. Concerning institutional aspects, the developing countries. New York: McGraw problem of regulation disharmony in the Hill Book Company. field of ship licensing deserves particular Bennett, R. J. (1990). Decentralization, local attention. Meanwhile, partial coordination government, and markets: towards a post- relations between the province and regencies/ welfare agenda. Oxford: Clarendon Press.

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