DESENTRALISASI PENGELOLAAN WILAYAH PESISIR DAN LAUTAN DALAM KERANGKA PRINSIP NEGARA KEPULAUAN

Dhiana Puspitawati
2014 Arena Hukum  
The development of ocean management emerged during the United Nations Conference on Environment and Development 1992 (UNCED) . UNCED produced what known as Rio Declaration, which introduced a wider, sustainable and integrated approach in managing the environment and this includes ocean space . As a result, Indonesia has produced Indonesian Act 32/2004 on Regional Autonomy, which devolves the management of coastal zone to provincial administration u/p to 12 nautical miles from the coastal
more » ... ne, and one-third of the provincial administration is under local government administration . Further development was the enactment of Indonesian Act 27/2007 on the Management of Coastal Areas and Small Islands, which provides regulations on coastal areas zoning which will be conducted by regional as well as local government . This paper will analyse the legal conformity between national law on coastal management (as regulated under Act 32/2004 and Act 27/2007) with archipelagic states principles provided by international law (Part IV of the Law of the Sea Convention 1982) . It is argued that the ground norm of archipelagic state principles was restoring the function of the ocean as unifying factor of Indonesian people for optimal utilization of ocean resources . On the other hand, the implementation of Act 32/2004 and Act 27/2007 raised conflicts, especially conflicts between traditional fishermen, which transform the function of the ocean as dividing factor of Indonesian people . Thus, it is argued that in ocean management more emphasized on the groun norm of archipelagic state principles should be done . In addition, a new system and corresponding sets of values for policy formulation and implementation must be created .
doi:10.21776/ub.arenahukum.2014.00702.4 fatcat:tbgltlm6gvc3bciqepbeg5yvbm