Abstract
Indonesia has eight provinces that are characterized as island regions, but in the setting of marine resource management authority is equated with the continental characterized provinces. Normative provisions apply but people in areas characterized by islands have been treated unfairly. In addition, the licensing system and the distribution of funds allocated as well as unfavorable framework in the implementation of regional autonomy. National government policies are deemed too oriented to the land where it is not appropriate to the needs of the regions. As a result, they are demanding to be no laws governing special about Islands Province. Government responded to amend the legislation on local government in accommodating the interests of the islands. The setting of the DAU and DAK, also provide more financial portion to the islands. It is expected to bring changes to the community. Implementation of regionally based local autonomy, excellence spatial and local potential is a determinant factor the success of regional development framework. Development process should be done based on diversity of various aspects that also needed a different treatment in each province. Thus, the question is whether the political law of the islands is done through changes and harmonization of the local governments law to provide a guarantee of justice so the demands for legislation that specifically regulates an island province is not matter any more. This study expected to find the values of justice and the foundation to be harmonized, so there exist principle of fairness in the management of marine resources in the waters of the area characterized by islands
Highlights
The need to maintain order and create the welfare of the people is absolutely necessary in a just society
Indonesia has insisted in preamble Homeland Year 1945, Paragraph IV which is the goal of nation and state, the Republic of Indonesia which is: “... to form a government that protects the State Indonesia the entire Indonesian nation and the entire homeland of Indonesia and to promote the general welfare, educating the nation, and participate in implementing world order based on freedom, lasting peace and social justice ... and by fostering a social justice for all Indonesian people”
The international community has applied the “principle of distinction” in determining the width of the territorial sea of a third country through the implementation of the withdrawal means the baselines to determine the width of the territorial sea, reflecting the absence of justice in the international community
Summary
The need to maintain order and create the welfare of the people is absolutely necessary in a just society. In Indonesia, there are 8 provinces that are characterized as island regions, but in setting authority to manage marine resources as contained in Article 27 paragraph (3) of Law Number 23 Year 2014 on Regional Government equated with the province that has the characteristics continental namely as far as 12 nautical miles from the shoreline towards the open sea or into the waters of the archipelago.. When viewed from the side of authority apparently authorizes the provinces in management sea areas as stipulated in Article 18 paragraph (1) and paragraph (3) of Law Number 32 Year 2004 regarding both the regulatory authority of Administrative form of licensing and enforcement of regulations issued by local there is a synchronize discrepancy with other laws It is as said by Nirahua Salmon that various specific sectorial legislation has not been delegated the authority to manage the natural resources in the sea area to the regional and / or substances not adjust legislation by Law No 32, Year 20043. Every legislation should be made to implement the principle of fairness in the management of marine resources in the waters characterized by islands, by giving authorities greater autonomy (Article 18 paragraph (5)) and financial support in areas characterized by islands the maritime resources to be able to manage better
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