Deep Dive to Ministry of Marine Affairs and Fisheries Regulation No. 12 of 2024: Community Participation in the Management of Coastal Areas and Small Islands
Authors
Overview
The Minister of Marine Affairs and Fisheries (“MoMAF”) Regulation No. 12 of 2024 (“MoMAF Reg 12/2024”) was enacted to implement the provisions of Law No. 27 of 2007. In the general explanation, there is a concern that in Coastal Areas and Small Islands (Wilayah Pesisir dan Pulau-Pulau Kecil or “WP3K”), there are limitations on access to utilization for the local communities. Therefore, the issuance of MoMAF Reg 12/2024 provides an opportunity for communities to participate in the management of the WP3K, thereby enhancing their welfare.
This ARMA Update will mainly discuss the essential provisions under MoMAF Reg 12/2024, which revolve around community participation in the WP3K management in Indonesia.
Community Participation in the Planning, Implementation, and Supervision of WP3K Management
To create an effective and inclusive WP3K management plan, it is essential to actively involve the community. Their participation not only ensures that the plan reflects local needs and insights but also promotes a sense of ownership and responsibility. Community engagement takes place through several key stages, outlined as follows:
- Planning
- Submit proposals for the allocation of space, space functions, spatial structure, and spatial patterns in spatial planning and/or zoning plans. These proposals must at least include:
- A general description of the conditions of the WP3K, including data and information about the WP3K;
- Communities’ needs in the forms of proposed activities for the WP3K utilization;
- Information on potential protection and recognition of indigenous law communities; and
- Information on existing utilization.
- Involvement in the preparation of spatial planning documents and/or zoning plans.
- Implementation
- Utilization, which includes:
- Ensuring the consistency between the agreed spatial planning documents and/or zoning plans and the utilization of the WP3K;
- Conducting disaster mitigation for activities that have the potential to cause damage to the WP3K;
- Engaging in the management of the WP3K’s resources while considering the existence of indigenous law communities and ensuring it does not conflict with statutory regulations;
- Preserving, maintaining, and enhancing the efficiency, effectiveness, and sustainability of environmental functions in the WP3K;
- Providing information related to the planned utilization of the WP3K; and
- Submitting information related to the planned utilization of the WP3K to the central government and/or regional government to ensure livelihood spaces and access for traditional and local communities.
- Control, which includes:
- Submitting proposals for the accreditation of management programs for traditional and local communities in the WP3K to the central government and/or regional government; and
- Becoming a member of the maritime partnership forum.
- Supervision
- Reporting losses suffered by individuals concerning the implementation of WP3K management;
- Reporting suspected pollution affecting the hygiene of fishery products related to the implementation of the WP3K management;
- Reporting suspected pollution and/or destruction in the WP3K that harm their livelihoods; and
- Reporting the occurrence of hazards, pollution, and/or environmental damage in the WP3K.
At the planning stage, the communities may participate by:
At the implementation stage, the communities’ participation may be carried out through the following activities:
At the supervision stage, communities’ participation may be carried out through the following activities:
Communities’ Empowerment in WP3K Management
The Ministry of Marine Affairs and Fisheries, in collaboration with regional governments, is committed to supporting communities in managing the WP3K area. These community empowerment initiatives are designed to enhance the well-being and livelihoods of those living within the WP3K. The efforts include the following:
- Capacity building This facilitation includes several aspects of capacity building such as education by such as providing scholarships and materials on WP3K management; training that primarily focuses on the WP3K planning documents preparation, conservation and rehabilitation training, training for production process assistance, and training on the use of environmentally friendly technology; and counselling, covering guidance on the formation of business groups, the production process to marketing, and counselling on conservation activities.
- Provision of access to technology and information Communities are provided with access to relevant technologies and information to enhance the management of WP3K areas. This includes disseminating technology solutions, developing communication systems for business networks, and sharing data on marine spatial utilization.
- Financing Communities will gain access to financing options, including low-interest credit schemes, interest subsidies, corporate social responsibility (CSR) funds, and insurance products tailored to the marine and fisheries sectors.
- Infrastructure The infrastructure referred to includes facilities and amenities for the management of the WP3K, as well as the rehabilitation or construction of buildings and structures.
- Market assurance Support will be provided to connect communities with marketing facilities and channels. Efforts will also promote the development of cooperative networks and provide up-to-date marketing information to strengthen their market presence.
- Other productive economic assets Communities will benefit from facilities for processing and marketing marine and fisheries products. This initiative ensures access to resources and infrastructure needed to foster sustainable economic activities.
Guidance, Monitoring, and Evaluation
The central and regional governments provide guidance to communities within the WP3K area through various forms of support, including mentoring, outreach programs, and legal advocacy assistance.
In addition, both levels of government are responsible for monitoring and evaluating community participation and empowerment efforts in WP3K management. This monitoring and evaluation process ensures the effectiveness of the initiatives and helps identify areas for improvement. It is conducted at least once a year to maintain ongoing oversight and support.