Sustainable Fishery Campaign by Small-Scale Fishers: A Case Study on Law Protection on Small-Scale Fishers in Morodemak Village, Demak District, Central Java Province, Indonesia

WarassihEsmi,; Sulaiman,; Rahayu, Derita Prapti

doi:10.1089/env.2017.0036

Cited by 2 publications

(1 citation statement)

References 3 publications

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“…There are also claims that the Indian patrol has crossed the line, even though it had not before. This problem is a determining factor whether or not it is easy to obtain traditional fisheries rights [11]. In addition, that traditional fisheries rights are possible, there is a possibility that these rights are not recognized because they are considered fishermen who do not meet a certain level of quality, which according to them are no longer included as traditional fishermen, especially in statistical figures measured by gross tone (GT).…”

Section: Obtaining Traditional Fisheries Rightsmentioning

confidence: 99%

The Opportunities to Obtain Traditional Fisheries Rights for Aceh Traditional Fishermen

Sulaiman¹,

Adli²,

Bustamam-Ahmad³

et al. 2021

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)

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This paper aims to give the reasons why Acehnese traditional fishermen crossed the territorial borders of the country so that they were arrested in neighboring countries, as well as the opportunities for Acehnese traditional fishermen who sail in the west part of Indonesian water areas to get their traditional fisheries rights. This study applies the socio-legal method. Data were collected by conducting in-depth interviews with traditional fishermen who have been arrested in several neighboring countries, and the authorized officials (in the maritime and fisheries sector), as well as the academicians in the law of the sea, to get an analysis regarding the opportunities for traditional fisheries rights. To complement the main data, this study also conducted document tracing of cases where Aceh traditional fishermen have crossed the borders and being caught in other countries. All data were analyzed qualitatively. This research found that in the last ten years, more than 400 cases of Acehnese traditional fishermen were caught for crossing the territorial borders of other countries. In 2020, 135 fishermen are still abroad, 69 in India, 57 in Thailand and 9 in Myanmar. Especially in Thailand, as many as 51 fishermen received the king's pardon and were able to return to Indonesia. From these numbers, not all are included in the category of traditional fishermen, and some of them are deliberately involved in fishing that violates the provisions of other countries. Especially for traditional fishermen, there is a history of fishing that was conducted in locations that are no longer part of Indonesia's territorial waters. Since 2005 Panglima Laot Aceh (the commander of the sea) has asked the Government to fight for traditional fishing rights for Acehnese fishermen in the west part of Indonesia water areas, by having an agreement with the Indian state, the above idea related to the statement in Article 51 of the United Nation Convention Law on the Sea (UNCLOS) 1982. Traditional fisheries rights can be obtained by conducting bilateral talks, preceded by a request from one country, then conducting talks and agreements, the agreement of which cannot be transferred to other countries or other citizens. However, this option has not been made. Another thing that becomes a challenge is Indian water areas, which are directly adjacent to the west part of Indonesian water areas, used by India as marine protected areas.

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Section: Obtaining Traditional Fisheries Rightsmentioning

confidence: 99%

The Opportunities to Obtain Traditional Fisheries Rights for Aceh Traditional Fishermen

Sulaiman¹,

Adli²,

Bustamam-Ahmad³

et al. 2021

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)

View full text Add to dashboard Cite

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Customary law adoption in state law related to disaster mitigation of coastal area in Aceh Besar

Sulaiman

Abdullah

Ahmad

et al. 2021

IOP Conf. Ser.: Earth Environ. Sci.

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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.

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Sustainable Fishery Campaign by Small-Scale Fishers: A Case Study on Law Protection on Small-Scale Fishers in Morodemak Village, Demak District, Central Java Province, Indonesia

Cited by 2 publications

References 3 publications

The Opportunities to Obtain Traditional Fisheries Rights for Aceh Traditional Fishermen

The Opportunities to Obtain Traditional Fisheries Rights for Aceh Traditional Fishermen

Customary law adoption in state law related to disaster mitigation of coastal area in Aceh Besar

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