With approximately 55,000 km of coastline spread across an enormous territorial area, two thirds of which consists of ocean, Indonesia is undoubtedly one of the largest maritime countries in the world. Not surprisingly then, maritime businesses have a significant role to play in the national economy. Indeed, in 2003 alone, the state received at least IDR 229 billion from fisheries businesses.
[1] In spite of these facts however, 25% of Indonesia's poverty-level citizens work as fisherman,
[2] and the absence of any comprehensive legal instruments designed to protect and empower fishermen, fish farmers, and salt farmers across the country (collectively referred to as
“Marine-Product Businesses”) is considered to bea primary cause of this adverse climate.
In a bid to overcome these problems, the House of Representatives finally passed the
Bill on the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers
(“Bill”) on 14 March 2016. Prior to the passing of the Bill, Indonesia already had several laws on its books relating to fisheries and maritime businesses, specifically Law
No. 31 of 2004 on Fisheries
(“Fisheries Law”) and Law
No. 32 of 2014 on Maritime Affairs
(“Maritime Law”).
[3] However, the Fisheries Law mainly focused upon regulating the fishing process, while the Maritime Law encompassed matters relating to Indonesian territorial waters. Meanwhile any notion of protection for the actual "actors" working in the fisheries and maritime sector has to date been largely neglected.
The protection and empowerment of Marine-Product Businessesas set out in the new Bill is to be implemented through several policies and strategies which will specifically focus on: the improvement of infrastructure and facilities, insurance for Marine-Product Businesses, business assurance, legal assistance, education and training, funding and financing facilities, and so forth.
Accordingly, this week’s Indonesia Law Digest (ILD) will elaborate further on the various types of protection and empowerment set out in the Bill and will encompass the following topics:
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