This article aims to answer how State Law regulates the existence of local wisdom related to disaster mitigation in coastal areas? How is the ideal adoption of customary law by State Law that will contribute to the disaster mitigation process of coastal area based on local wisdom? There is a most basic difference between State and Customary Law regarding disaster mitigation in coastal area. There are things that make it possible to reconcile through the harmonization of laws related to the legal functions positioning, both State Law and Customary Law. However, this step is not simple, because it must be preceded by the integration of Customary Law and State Law. This writing will apply a qualitative approach, by setting the law in an interdisciplinary study, allowing what is stated in law through fisheries assistance. Theoretically, this integration is known in the legal pluralism, where State Law recognizes the existence of Customary Law. Meanwhile, at the practical level, state legal instruments have begun to be built that allow recognition of Customary Law. With its position and function, there is a number of possible parts are used as meeting points between the pantang (taboo) areas and the fisheries conservation area. Conservation areas that are very strict, must be positioned in a social justice reality, as has been known and applied through pantang areas.
Dewasa ini, masalah sosial dan budaya terus menjadi sorotan banyak pihak seiring dengan kondisi sosial budaya dalam masyarakat yang mengalami degradasi dan turbelensi akibat arus globalisasi dan modernisasi. Walaupun telah banyak buku serupa ditulis oleh para pakar di bidangnya, namun masih dirasa kurang karena problematika sosial dan budaya semakin komplek mengikuti perkembangan zaman. Buku ini hadir untuk mejawab tantangan itu, sekaligus menawarkan konsep pewarisan pelestarian Kawasan Ekosistem Leuser (KEL) sebagai tanggung jawab bersama mejaga paru-paru dunia.
This paper aims to examine how to protect of artisanal fishermen fishing ground and the policies that protect them. Small-scale fisher fishing grounds has to have a special attention due to their limitation. They are using very simple fishing gear, so they can’t sail far away from the coastal waters. The Fishing law give a specific attention for this matter, by limiting fishermen with 5 gross tonnage (GT) are only able to conduct their activities within the coastal waters. This study combines legal documents and the results of interviews with fishermen on 5 GT vessel. this studi of find, then the Law Number 27/2016 changed this regulation by increasing gross tonnage for small-scale fishermen from 5 became 10 GT, and it attract more serious problems for these small-scale fishermen since they have no exclusive fishing ground anymore. It will also affect to changes of fishing lane; fishing ground and vessels authorization procedure. By increasing GT, the 10 GT vessels also have rights to sail in the same fishing ground with 5 GT vessels and it’s created a potential conflict between the fishermen. So, harmonization of law is important task for the government in avoiding the overlapping rules on vessels criteria, by choosing law that prioritize on small-scale GT vessels.
There is one courage from the Minister of Marine Affairs and Fisheries from the beginning of the inauguration, ie sinking a boat that catches fish illegally. Until now, the Indonesian Ministry of Marine Affairs and Fisheries has drowned more than 350 ships of various sizes committing illegal fishing crimes in Indonesian sovereign territory. Using the socio-legal approach, this paper wishes to offer legal refinement in order to give a firm legality of illegal fishing eradication through the ship's sinking.Illegal fishing crime in Indonesian waters, believed to have caused losses for this country is estimated at more 40 billion rupias a year. This condition is even believed to be an obstacle in accelerating Indonesia as a prosperous country. It is for this reason that the sinking of the ship is seen as the representative of the face of courage in defending sovereignty. Drowning of ships is considered strategic in order to combat illegal fishing, especially by raising the fear of outside fishermen who stole fish in Indonesian waters.For some, the sinking of vessels could incur substantial losses, especially the opportunities of countries that should be able to utilize ships through foreclosures for the country. Some people believe that the foreclosure could be used by black entrepreneurs who cooperate with unscrupulous law enforcement officers. This opportunity is to be covered by the Ministry of Marine Affairs and Fisheries. However, that does not mean the drowning has passed the various legal tests.The government is very important to link shipbuilding with four interrelated components, namely ecological sustainability, socio-cultural-economic sustainability, sustainable marine law communities, and institutional sustainability.Restored law, related to the legality of vessel execution, should be able to address ecological recovery targets, not to cause socio-cultural-economic problems, friendly to indigenous peoples, and to think about the institutional context.
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