Abstract

Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen round that it will yield much more. However, the practice also threatens the life of small and young fishes as well as destroys the coral reef. The government then issued the regulation namely the Regulation of Minister on Marine Affairs and Fishery Number 2/Permen-KP/2015 about the Prohibition of Trawl and Seine Nets Usage which apply to the whole area of fisheries in Indonesia. It was one of the efforts by the Government of the Republic of Indonesia in conserving its marine ecosystem. The aim of this study was to evaluate the application of regulation to prohibit the trawl and seine nets usage based on sustainable marine preservation principle. This study was a doctrinal research applying case approach and statute approach. The study was held on several regions in Indonesia where the regulation has been enforced. The findings then elaborated with legal sources, such as Act number 32 year 2009 about Environment Conservation and Management, Act number 31 year 2004 about Fisheries, and Regulation of Minister of Marine and Fishery Number 2/Permen-KP/2015 as primary legal sources. The secondary legal sources used were journals, articles, and other relevant sources. The result showed that there is a need to establish a model for ideal implementation of the regulation based on sustainable marine preservation principle in order to conserve the marine environment as well as to increase the welfare of traditional fishermen.

Highlights

  • Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen found that it will yield much more

  • The released of Ministerial Decree of Marine and Fisheries Number 2/Permen-KP/2015 on Trawl Usage Prohibition has set a pro and contra in the community on many aspects, such as legal, economic, social, and cultural

  • The aim of this study was to evaluate the application of regulation to prohibit the trawl and seine nets usage based on sustainable marine preservation principle

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Summary

Introduction

Fisheries practice using trawl and seine nets in Indonesia are still numerous since fishermen found that it will yield much more. The conservation of marine ecosystem from trawl usage. The released of Ministerial Decree of Marine and Fisheries Number 2/Permen-KP/2015 on Trawl Usage Prohibition has set a pro and contra in the community on many aspects, such as legal, economic, social, and cultural. From legal point of view, the release of the Ministerial Decree was a means of marine resources protection and conservation. The yield of traditional fishermen becomes reduced because they only use a simple and safe fishing gear, which do not endanger the marine ecosystem sustainability. The big fisheries industries gained much more harvest due to the trawl usage, as well as threatened the conservation of the ecosystem. The low yield would induce horizontal social conflicts among fishermen

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