24

Padjadjaran Journal of International Law

International Law Department Universitas Padjadjaran
ISSN:2549-2152, EISSN:2549-1296
Volume 7, Number 1, January 2023
DOI:10.23920/pjil.v7i1.1202

The Role of Marine Protected Areas in The Conservation of Fisheries Resources In Indonesia: A
Legal Analysis

Davina Oktivana1

Abstract
The Marine Protected Area (MPA) under international law, is recognized as a prominent tool to conserve
marine biodiversity and viewed as universal effort to overcome the depletion of marine resources and the
global decline of the marine environment, which directly impacted the sustainability of fish resources. In 2020
Indonesia enacted a unified regulation concerning the MPA establishment which was the MMAF Regulation
31/2020. Accordingly, MPA planners and managers are able to outline the objective of MPA appropriately
and minimise the inaccuracy in the MPA plan stage. MPA categories identified in MMAF Regulation 31/2020
also adopted the IUCN categories V and VI, the combination of protection, preservation and utilisation of
marine resources. The establishment of MPA can also be implemented in coastal areas and small islands and
in the Indonesian Fisheries Management Area (IFMA), a management measure primarily to ensure the
sustainability of fish resources. This article examines the correlation between the MPA establishment and fish
resource conservation in Indonesian waters. MPA and fisheries conservation share a similar fundamental
approach, the ecosystem approach, to which the objective of this approach is to conserve the ecosystem
structure and function within ecologically meaningful boundaries in an integrated manner; in other words,
this approach is an essential aspect of the integrated management approach.

Keywords: Ecosystem Approach, fisheries conservation, fisheries resources, Indonesian Fisheries

Management Areas, Marine Protected Areas.

1
PhD Candidate, School of Law, University of Aberdeen, Scotland, United Kingdom.
25

A. INTRODUCTION Conservation, Law No. 27/2007 amended by

Indonesia is an archipelagic state located Law No. 1/2014 Regarding Management of
between the Pacific and Indian Oceans and Coastal Area and Small Island. These
two continents, Asia and Australia. The instruments are deliberated as a legal basis
country is comprised of 17.000 islands and for Indonesia to establish fisheries
spread across an extensive marine area conservation measures, one of which is the
totalling 7.81 million km2 which 3.25 million conservation tool, Marine Protected Area
km2 is the ocean, 2.55 million km2 is the (MPA).5
Exclusive Economic Zone, and only about
2.01 million km2 of the island. In Indonesia, In 2020, there were 137 MPAs
fisheries resources are considered the most managed by the provincial government or
significant economic sector, particularly in district government, covering 13.95 million
generating industries and earning foreign hectares and holding the most significant
exchange from fish export. In addition, the percentage of Indonesian MPA.6 The total of
fishing industry also significantly contributes Indonesian MPA coverage managed by the
to the nation's food security. In 2021, Ministry of Maritime Affairs and Fisheries
Indonesia's fisheries produced 21,8 million (MMAF), 7 the Ministry of Environment and
tonnes, with approximately 7,2 million Forestry (MOEF),8 and the District
tonnes coming from the inland and marine Government is 23.8 million hectares and is
catch.2 The fisheries sector's gross domestic still expanding to 28 million hectares in
product (GDP) at current prices reached 2021.9 Indonesia is also committed to
115.17 trillion (IDR) in the third quarter of fulfilling the global target to expand the
2021, according to the Indonesian Central conservation area by up to 30% in 2030.
Statistics Agency (Badan Pusat Statistik). 3 The MMAF Regulation No. 31/2020
Fisheries contributed 2,66% to Indonesia's regarding the Management of Conservation
overall GDP and is considered the second Areas is the latest regulation on establishing
largest after agriculture and agricultural Indonesian MPA. Its enforcement was
services.4 However, Indonesia is also revoking the previous MMAF Regulations
struggling and faces numerous challenges in 17/2008 concerning Conservation Areas in
managing fisheries resources. Significant Coastal Areas and Small Islands, MMAF
threats to Indonesian fisheries resources are Regulation 2/2009 concerning The
biodiversity loss resulting from, among other Establishment of Marine Conservation,
things, illegal and destructive fishing. MMAF Regulation 30/2010 concerning the
To encounter biodiversity loss, Indonesia Management Plan and Marine Conservation
enacted several legislations, and these are Area Zonation, and specific provisions (Article
Fisheries Law (Law No. No. 31/2007 4-10) on the MMAF Regulation 47/2016
amended by Law No. 45/2009), Government concerning the Utilization of Marine
Regulation No. 60/2007 Regarding Fisheries

2 5
‘Produksi Perikanan’ Hereinafter referred to as ‘MPA’.
6
<https://statistik.kkp.go.id/home.php?m=prod_ik ‘Badan Pusat Statistik’
an_prov&i=2#panel-footer-kpda> accessed 20 <https://www.bps.go.id/indikator/indikator/view
January 2023. _data/0000/data/1289/sdgs_14/1>. accessed 5
3
‘Badan Pusat Statistik’ January 2023.
7
<https://www.bps.go.id/subject/56/perikanan.ht Hereinafter referred to as ‘MMAF’.
8
ml#subjekViewTab3> accessed 20 January 2023. Hereinafter referred to as ‘MOEF’.
4 9
Ibid. ‘Badan Pusat Statistik’ (n 6).
26

Conservation.10 Considering the compilation management purposes.14 Article 2 of the

and construction of provisions included in United Nations Convention on Biological
MMAF Regulation 31/2020, it can be Diversity (UNCBD)15 highlights the protected
assumed that this regulation is the area definition of its purpose to achieve
codification of four previous MMAF specific conservation objectives. The OSPAR
Regulations. Convention emphasises protecting and
conserving species, ecosystems, habitats, or
B. A BRIEF INTRODUCTION TO MPA ecological processes as their target protected
MPA has gained international recognition areas.16 Nevertheless, the most acceptable
and is an effective tool for conserving marine definition of MPA is provided by the
biodiversity. Marine biodiversity has vital International Union for Conservation of
importance for the survival of human beings; Nature (IUCN)17:
hence, it is not an exaggeration to consider
that its degradation and declining of it “a clearly defined geographical space,
become an enormous issue and recognised, dedicated and managed, through
consideration for the international legal or other effective means, to achieve the
community.11 The legal framework to long-term conservation of nature with associated
ecosystem services and cultural values”.18
establish MPA has been widely discussed
through multiple international forums and
conferences and included in various
14
instruments as a conservation measure of Food and Agriculture Organization of the United
marine biodiversity. Alexander Gillespie Nations (ed), Fisheries Management. 4: Marine
stated that there are eight hundred Protected Areas and Fisheries (Food and
Agriculture Organization of the United Nations
variations in the definition of protected
2011) 9. “These Guidelines do not propose a
areas.12
single definition for MPA but explore the full
International organisations have range of spatial management measures and area
generated different definitions of protected closures in a broader sense with relevance to
areas in their instruments; therefore, fisheries and generally refer to them as MPA. For
overlapping and differing standards on the purposes of this document, any marine
protected areas are inevitable. For example, geographical area that is afforded greater
protected areas managed by International protection than the surrounding waters for
Maritime Organization (IMO) are established biodiversity conservation or fisheries
to regulate shipping schemes,13 and the Food management purposes will be considered an
MPA.”
and Agricultural Organization of United 15
Hereinafter referred to as ‘UNCBD’.
Nations (FAO) promote MPA for fisheries 16
Ingvild Ulrikke Jakobsen, Marine Protected
Areas in International Law: An Arctic Perspective
(Brill Nijhoff 2016) 8; Yoshifumi Tanaka, The
International Law of the Sea (Third edition,
10
Article 50 MMAF Regulation 31/2020. Cambridge University Press 2019) 418.
11 17
Yoshifumi Tanaka, The International Law of the Hereinafter referred to as ‘IUCN’.
18
Sea (2nd edn, Cambridge University Press 2015) Jon Day and others, Guidelines for Applying the
335 IUCN Protected Area Management Categories to
<https://doi.org/10.1017/CBO9781139946261>. Marine Protected Areas (Second edition, IUCN
12
Alexander Gillespie, ‘Defining Internationally 2019) 14
Protected Areas’ (2009) 12 Journal of <https://portals.iucn.org/library/sites/library/files
International Wildlife Law & Policy, 229. /documents/PAG-019-2nd%20ed.-En.pdf>
13
Ibid. accessed 6 August 2021.
27

‘A clearly defined’ means that the phrase ‘long-term’ can be ascribed as the
area must have clear borders. In practice, the definitive characteristic of MPA. Any
proposed location is usually marked by protection measures not including long-term
coordinates and maps.19 Marine features can conservation cannot qualify as MPA.
also define some MPAs, for example, river However, short-term or seasonal protection
banks or low tide elevation, 20 despite the fact is still valuable for managing MPA as a
that these demarcations would feasibly be complementary element.27
changed over time and are hard to maintain The term ‘conservation’ implies the
due to their unstable nature. ‘Geographical in situ conservation of ecosystems and
space’ refers to the three dimensions of MPA, habitats, including viable species
which address the airspace above, the water populations, which refer to the definition
column and the seabed.21 An MPA can be provided in Article 2 of UNCBD,28 and the
established to manage one or more of these phrase ‘nature’ refers to biodiversity,
features on the condition that the ecological genetics, species and the ecosystem.29
interdependence in this area is The phrase ‘associated system
22
accommodated. ‘Recognised’ indicates the services’ suggests their essential contribution
management of an MPA can be conducted by to the pursuit of nature conservation and can
several interested parties as long as accepted be divided into four services which are
and acknowledged by states, whereas provisioning services (providing food and
‘dedicated’ implies that the MPA establishes water); regulating services (overflows
under a specific regulation.23 ‘Managed’ regulation, depletion, land degradation, and
means the denotative measures in disease); supporting services (soil formation
conserving biodiversity; for example, the and nutrient cycling); and cultural services
no-take zone within the MPA implies the area (recreational, spiritual, religious and other
is sterile from any human activities as part of benefits).30
the conservation approach.24 Finally, the words ‘cultural values’
The 'legal' phrase can be described mean that regardless of the primary
as MPA requires to be recognised under the objective of MPA is to conserve nature, the
law; they could be national law or under the protection of sacred sites or significant
international agreement. On the other hand, cultural and heritage values is also
'managed through other effective means' comprehended to ensure the right of the
construes as the MPA is not regulated by law
but recognised under traditional rules and
managed by the traditional community.25 The
term ‘to achieve’ suggests the level of 27
Ibid, 8; Ibid, 15.
efficacy determined by the MPA's objective 28
Definition of in-situ conservation under Article
and continually monitored, evaluated, and 2 of UNCBD is also the primary obligation for the
reported to ensure their effectiveness.26 The conservation of biodiversity, as emphasised in the
UNCBD’s preamble as follows; “Noting further
19
Ibid. that the fundamental requirement for the
20
Ibid. conservation of biological diversity is the in-situ
21
Ibid. conservation of ecosystems and natural habitats
22
Ibid. and the maintenance and recovery of viable
23
Ibid, 15. populations of species in their natural
24
Ibid. surroundings”.
25 29
Ibid. Day and others (n 18) 16.
26 30
Ibid. Ibid.
28

local community which utilizes the area to features where human interventions
practice their beliefs is accommodated.31 are limited.36 The limitation refers to
IUCN officially published the MPA the exception for certain traditional
categorised in 1994 and gradually revised activities that are fully controlled and
and updated it in 2008 (IUCN MPA 2008 monitored only to preserve the
Guidelines), supplementary guidelines in environment.37
2012, and the most recently updated 2. Category Ib: Wilderness area
guidelines in 2019.32 The categories of MPA To protect and preserve the area's
can be divided into six courses and should natural condition (unmodified or
consider several indicators: primary slightly modified areas) where human
objective(s); other objectives; distinguishing interventions are limited.38
features; role in the landscape or seascape; 3. Category II: National Park
what makes the category unique; and issues To protect natural biodiversity and
for consideration.33 ecological process with characteristic
In addition, IUCN recommends the species or ecosystems. It should not be
following six benchmarks when establishing allowed for consumptive uses but
MPA. These are: (1) the conservation permissible for education and
measure focuses on nature as the priority, (2) recreation purposes.39
defined goals and objectives, (3) appropriate 4. Category III: Natural monument or
size, location, and design, (4) defined and feature
borderline, (5) management plan to achieve To protect outstanding natural
its goals and objectives, and (6) resources monuments, including their
and capacity to implement.34 biodiversity and habitats.40
MPA can be established for different 5. Category IV: Habitat/species
purposes and various levels of protection. It management area
could be for the protection of endangered To protect particular species or
species, maintenance and restoration of habitats where the ecosystem is
viable species populations, nesting or modified and publicly accessible to
breeding areas, protection of ecosystems, maintain the area.41
critical habitats, resilience against threats 6. Category V: Protected landscape or
from climate change, or shipping and fishing seascape
activities.35 In one particular protected area, To protect the conservation of
it is possible to apply more than one category important landscapes or seascapes
of MPA. IUCN has divided MPA into six and interactions with human activities
management categories, as listed below: through traditional or local practices.42
1. Category Ia: Strict Nature Reserve 7. Category VI: Protected areas with
Establishes to protect biodiversity and sustainable use of natural resources
geological or geomorphological
36
Dudley (n 33) 13.
31 37
Ibid. Alexander Gillespie, Protected Areas and
32
Ibid, 7. International Environmental Law (Martinus
33
Nigel Dudley, Guidelines for Applying Protected Nijhoff Publishers 2017) 34.
38
Area Management Categories (IUCN 2008) 11 Dudley (n 33) 14.
39
<https://portals.iucn.org/library/node/9243> Ibid, 16.
40
accessed 6 April 2020. Ibid, 17.
34 41
Day and others (n 18) 8. Ibid, 19.
35 42
Jakobsen (n 16) 11. Ibid, 20.
29

To protect the natural ecosystem in nature conservation, these areas are

conjunction with cultural values and conceivably identified as MPA. A combination
traditional management of natural category, including the no-take zone or
resources management systems and marine reserves, is possible; however, the
sustainably utilise the natural implementation stricter category of MPA still
resources.43 needs to be improved in practice.
According to IUCN guidelines, the area
The establishment of MPA can be should be legally defined with a definite
intended for different purposes and ranks of chart, boundaries, and geographical space to
protection, including protecting endangered be classified as an MPA. It must be clear
species, ecosystems, or habitats, breeding which dimension is protected, whether it
and nesting area for maintenance, and applies to the water column, water surface,
restoration of viable populations, resilience or seabed.46 MPA must be recognised and
against the adverse impact of climate declared by the State and designated under
change, or shipping and fishing activities. international conventions, agreements,
According to IUCN Guidelines national law, customary law, or other binding
Supplementary, the primary objective of MPA commitments that emphasise their status.47
is conserving nature; if any conflicted goals In terms of conservation, the implementation
occur, for instance, preserving cultural or of MPA must refer to in-situ measures and
spiritual sites, nature conservation still must conduct continuously in the long term.48 The
be prioritised.44 size, location, and management of MPA
The objective of conserving nature is under national jurisdiction are subject to
required for an area to be classified as an various municipal laws adjusted to establish
MPA. The IUCN Guidelines emphasise the MPA.
example of areas that could not be included The current development is the
as an MPA but rather be classified as Other agreement under the United Nations
Effective Area-Based Conservation Measures Convention on the Law of the Sea on the
(OEMs), such as fishery management areas conservation and sustainable use of marine
with no broader stated conservation aims, biological diversity of areas beyond national
community areas managed for sustainable jurisdiction (BBNJ Agreement),49 which
extraction of marine products, marine and provides the legal definition of MPA.50
coastal management for tourism, wind farms BBNJ Agreement identifies MPA as “a
and oil platforms that indirectly benefit for geographically defined marine area
biodiversity around underwater structures by designated and managed to achieve specific
excluding fishing and other vessels, marine
and the coastal area reserved for other 46
Ibid, 14.
purposes (military training areas, disaster 47
Ibid, 15.
mitigation, cables and pipelines or shipping 48
Ibid, 16.
lanes), and large areas where certain species 49
Hereinafter referred to as ‘BBNJ Agreement’.
are protected by law.45 50
The BBNJ Agreement has been agreed on the
As long as the area is distinguished Fifth Session of the intergovernmental conference
with the primary objective of delivering on an international legally binding instrument
under the United Nations Convention on the Law
of the Sea on the conservation and sustainable
43
Ibid, 22. use of marine biological diversity of areas beyond
44
Day and others (n 18) 8. national jurisdiction held in New York, 20
45
Ibid, 11. February-3 March 2023.
30

[long-term biodiversity] conservation The marine nature park, marine national

objectives and may allow, where appropriate, park and marine tourism park are a
sustainable use provided it is consistent with combination; the protection measures are
the conservation objectives.”51 The BBNJ aimed at ecological processes of category II
Agreement, however, explicitly specifies the and VI IUCN. These areas can be accessed for
establishment of MPA on the high seas and educational and research purposes. MOEF
the Area where no States have jurisdiction.52 has administered marine nature preservation
(6 MPAs), marine wildlife preservation (5
C. THE ESTABLISHMENT OF MPA IN MPAs), marine recreational park (14 MPAs)
INDONESIA and marine national park (7 MPAs).54 Marine
MPA implementation in Indonesia is nature preservation aligns with category I (a)
managed under the Ministry of Marine IUCN, where human activities are limited.
Affairs and Fisheries (MMAF) and the The purpose is to protect marine biodiversity
Ministry of Environment and Forestry and geological or geomorphological features.
(MOEF). The highest number of MPAs in At the same time, marine recreational parks
Indonesia (89 MPAs) are established under and marine national parks are aligned with
category VI IUCN or district-based MPA. In categories II and VI IUCN. MMAF has also
this category, MPA is implemented by established ten national MPA as learning
conserving ecosystems with cultural values sites managed by the Central Government.55
and traditional natural resources The ten National MPA established
management systems. through ministerial decrees were considered
In other words, in this area, utilization of appropriate for several points. They legislate
marine resources is available to exploit on through national law, which includes
the condition that the activities are carried conservation goals, location map, coordinate
out with sustainable use of natural resources. points, total coverage area, management
MMAF has managed a marine nature park (3 authorisation (under the Directorate General
MPAs), a marine national park (1 MPA) and a of Marine, Coastal and Small Island),
marine tourism park (6 MPAs).53 zonation plan, biodiversity profile,
socio-economy aspects, strategy to overcome
51
Article 1 (12) BBNJ Agreement. ‘United Nations %20dan%20Luas%20kawasan%20konservasi%202
General Assembly, A/CONF.232/2023/2, 014-2019.pdf> accessed 5 January 2023.
54
Intergovernmental Conference on an Ibid.
55
International Legally Binding Instrument under Anambas and surrounding sea Marine
the United Nations Convention on the Law of the Recreational Park (Riau Archipelago), Pieh and
Sea on the Conservation and Sustainable Use of surrounding sea Marine Recreational Park (West
Marine Biological Diversity of Areas beyond Sumatera), Kapoposang Islands Marine
National Jurisdiction.’ 3 Recreational Park (South Sulawesi), Gili Ayer, Gili
<https://documents-dds-ny.un.org/doc/UNDOC/ Meno, and Gili Trawangan Marine Recreational
GEN/N22/467/94/PDF/N2246794.pdf?OpenElem Park (West Nusa Tenggara), Sawu Sea Marine
ent> accessed 5 March 2023. Recreational Park (East Nusa Tenggara), Banda
52
Article 1 (4) BBNJ Agreement: “Areas beyond Sea Marine Recreational Park (Maluku), Raja
national jurisdiction” means the high seas and the Ampat Island Marine Nature Sanctuary (West
Area. Papua), West Waigeo Archipelago Marine Nature
53
‘Tabel Jumlah Dan Luas Kawasan Konservasi Sanctuary (West Papua), Southeast Aru
2014-2019.Pdf’ Archipelago Marine Nature Sanctuary (Maluku),
<https://kkp.go.id/an-component/media/upload- and Padaido Archipelago Marine Recreational
gambar-pendukung/djprl/FOTO/Tabel%20Jumlah Park (Papua).
31

environmental issues, and action plan in conservation area plan59 shall apply in the
conserving marine biodiversity. coastal area, small islands, territorial waters
Unfortunately, due to limited access, (internal waters, archipelagic waters and
Provincial or District MPA cannot be territorial sea),60 and jurisdictional area
examined and included in this article. (contiguous zone, Indonesia's EEZ, and
According to the Central Statistics Agency continental shelf).61
(BPS), eight types of Indonesian MPA have Indonesian MPAs can be classified into
different conservation purposes, zonation three categories: the park, sanctuary, and
system rules, management systems and maritime conservation area. Each category is
institutional authority. supplemented with descriptions and
As stated above, MMAF Regulation explanations regarding each category's
31/2020 was enacted as the implementation purposes, functions, and types.62 Park and
regulation specifically for managing MPA. sanctuary categories adopted the IUCN’s
MMAF Regulation No. 31/2020 comprises Category V and VI, which combines
fifty articles with the scope of work, including protection, preservation, and utilisation of
the conservation area plan, establishment of marine resources.63
the conservation area, utilisation of While Maritime Conservation Area is
conservation area, supervision of designated to protect, preserve, and use
conservation area, evaluation of traditional cultural sites. The primary
conservation area, and finances of the objective of Category VI is to protect natural
conservation area.56 ecosystems and use natural resources
It also includes five supplementary sustainably when conservation and
documents or appendices.57 The primary sustainable use can be mutually beneficial.64
purposes of conservation area management, This objective has been incorporated in
as stated in this regulation, are to protect, articles 2 (a) and (b). The three categories of
preserve and utilise biodiversity or fish Indonesian MPA can be established in the
resources and traditional cultural sites.58 This coastal area, small islands, and IFMA. Their
article shows the direct association between functions can indicate the distinction
the conservation of marine biodiversity and between the three categories of the
fish resources conservation. The conservation area. Park has the function of

59
Article 4 (1) MMAF Regulation No.31/2020.
56 60
Article 3 MMAF Regulation No. 31/2020. Article 4 (2) MMAF Regulation 3 No.1/2020.
57 61
Appendix I: Transfer of certain area (wholly or Article 4 (2) MMAF Regulation 3 No.1/2020.
62
partially) from traditional community to the Article 6 MMAF Regulation No.31/2020.
63
government or district government to be Day and others (n 18) 27.
managed (minutes of handover); Appendix II: Category VI describes as “Areas that conserve
Technical Agreement Format, the response of the ecosystems and habitats, together with
MMAF on the initial proposal document of the associated cultural values and traditional natural
conservation area; Appendix III: Public resource management systems. They are
consultation (minutes of handover); Appendix IV: generally large, with most of the area in a natural
Format of the plan of conservation area condition, where a proportion is under
management; Appendix V: List of permitted sustainable natural resource management and
activities, prohibited activities, and permitted where low-level non-industrial use of natural
activities with certain conditions, including resources compatible with nature conservation is
utilization provisions in the conservation area seen as one of the main aims of the area.”
58 64
Article 2 MMAF Regulation No.31/2020. Ibid.
32

maintaining and improving the quality of Tourism Park (6), National Marine Sanctuary
biodiversity. The sanctuary's function is to (3), and National Marine Park (1).67
maintain and improve the quality of fish Three national conservation areas clearly
resources. state the IUCN’s category, category V (two
The role of the maritime conservation MPAs) for protecting the conservation of
area is to support and increase the value of important landscapes and limiting
maritime cultural heritage and traditional interactions of human activities through
values ​or local wisdom.65 Determination of traditional or local practices, and category VI
marine conservation areas is divided into two (one MPA). The rest of the national MPAs did
levels of authority: national conservation not specify which IUCN category they
areas and district conservation areas. The referred to. The zonation on conservation
criteria to determine the status of the marine area correlates with the conservation
conservation area are exercised based on the functions following the area’s potential.
authority’s scope between the central Any conservation area must retain a
government (refer to the MMAF – Article 1 zonation conservation area that includes the
(19) MMAF Regulation No. 31/2020) and the core zone (the fully and highly protective
district government.66 conservation target), the restricted utilisation
The criteria for conservation areas within zone (sustainable fisheries and tourism
the government control are principally activities), and other designated zones.68 The
divided into two approaches: management plan for the conservation area
location-specific and values-based. The must be consulted (technical consultation). It
location-specific based approach specifies can be reviewed periodically as long as it
that the government’s authority will does not affect the coverage area, the
automatically apply in the area outside function of the conservation area or the
territorial waters and within the jurisdictional purpose of the conservation area (figure
area, including the conservation area located shown in Appendix VIII).69
within two or more authorities The administrator of the
(cross-provincial or cross-state). The conservation area management is under the
value-based approach indicates the authorisation of the Ministry for national
conservation target, such as highly migratory conservation area and the Governor for the
species and shipwrecked area which has district conservation area.70 The utilisation of
already obtained international status. marine conservation areas can be conducted
MMAF has established ten conservation as long as these activities comply with the
areas which are recognised as national regulation of conservation area utilisation.
conservation areas, divided into National Eight specific activities are included in article
38 (1) MMAF Regulation No. 31/2020,
65
Article 7 (2), 8 (2), and 9 (2) MMAF Regulation categorised into three activities: permitted
No.31/2020.
66
Central Government defines as “Central
67
Government, from now on referred to as the ‘KKP | Kementerian Kelautan Dan Perikanan’
Government, is the President of the Republic of <https://kkp.go.id/djprl/artikel/22288-peta-kawas
Indonesia who holds the power of the an-konservasi-perairan-tahun-2019> accessed 3
government of the Republic of Indonesia, assisted October 2022.
68
by the Vice President and ministers as referred to Article 11 (1)(2)(3)(4) MMAF Regulation
in the 1945 Constitution of the Republic of No.31/2020.
69
Indonesia”. Article 1 (17) MMAF Regulation Article 32 (4) MMAF Regulation No.31/2020.
70
No.31/2020. Article 34 MMAF Regulation No.31/2020.
33

activity, permitted activity with certain Recommendation or improvement and

conditions, and prohibited activity. conformation of the management.72
Monitoring of the utilisation of However, there needs to be the
conservation areas is also conducted in further explanation regarding the evaluation
accordance with other related laws and step nor the measurement to determine the
regulations, one of them is the Directorate effectiveness of MPA. Therefore, the
General of Marine Resources and Fisheries evaluation and monitoring of MPA according
Regulation No. 11/PER-DJPSDKP/2017 to MMAF Regulation No. 31/2020 need to be
regarding Technical Instruction of Supervision clarified.
in Marine Conservation Area.71 The strategy The evaluation process emphasises
of conservation area management is divided eliminating the threats to the management,
into four phases, middle-term plan I-IV is biophysics, social, economic, and cultural
periodically assessed every five years and aspects.73 There are no practices on how and
must include the output or milestone, when the monitoring and utilisation
management, conservation target, program conservation areas according to MMAF
indication, partnership and networking of Regulation No. 31/2020 until this article is
conservation area management. written. However, it needs to be stressed that
Furthermore, MMAF generates a the importance of assessing MPA according
system for the community to actively to IUCN is to improve the performance of
participate in supervising conservation area MPA through adaptive management, develop
management. Implementing this system is new strategic plans, improve MPA
regulated under MMAF Regulation No. management and improve accountability and
31/PERMEN-KP/2013 concerning Guidelines reporting.74 MMAF Regulation No. 31/2020
for Handling Whistleblower and Community has accommodated the first and third points
Complaints. from those lists.
In addition, the evaluation of the It is necessary to note that Indonesia’s
conservation area is carried out to assess the obligation to submit a national report
management objectives, which indicates in concerning the development of MPA can be
the plan documentation of the management used for other interrelated reports, such as
conservation area and generate three biodiversity conservation and climate change
outcomes as follows: (1) Achievement and adaptation and mitigation progress.
performance of management in governance,
biophysics, social, economic, and cultural D. THE FUNCTION OF MPA AND
aspects; (2) Compatibility and zonation FISHERIES CONSERVATION
effectiveness, strategy, program, and One of the fundamental aims of establishing
measures to achieve the aims and objectives MPA is to protect habitat and marine
of the management and (3) biodiversity and improve viable fisheries.

71 72
Article 43 MMAF Regulation No.31/2020, Article 44 (2) MMAF Regulation No. 31/2020.
73
Directorate General of Marine Resources and Article 45 MMAF Regulation No.31/2020.
74
Fisheries Regulation No. 11/PER-DJPSDKP/2017 Robert S. Pameroy, John E Parks and Lani M
regarding Technical Instruction of Supervision in Watson, ‘How Is Your MPA Doing? A Guidebook of
Marine Conservation Area, Natural and Social Indicators for Evaluating
https://kkp.go.id/an-component/media/upload-g Marine Protected Area Management
ambar-pendukung/Ditjen%20PSDKP/Perdirjen-PS Effectiveness’ 2–4
DKP-no.11-thn-2017-tentang-juknis-pengawasan- <https://portals.iucn.org/library/sites/library/files
kawasan-konservasi-perairan_1.pdf /documents/PAPS-012.pdf>.
34

Conservation of marine habitats will provide to the WSSD Plan of Implementation.78 FAO
essential life-support processes of marine defines EAF as:
biological diversity and ensure fisheries “An ecosystem approach to fisheries
resources are accessible to control.75 strives to balance diverse societal objectives
Despite its true objective to conserve by taking into account the knowledge and
marine biodiversity, several studies indicate uncertainties about biotic, abiotic and human
that MPA and fisheries have a strong components of ecosystems and their
correlation. Fisheries conservation and MPA interactions and applying an integrated
share a similar approach in terms of the approach to fisheries within ecologically
sustainable use of marine resources. The meaningful boundaries”.79
Ecosystem Approach to Fisheries
Management (EAFM)76 was developed From the definition above, it can be
through stages to integrate the observed that EAF addresses two
environmental aspect into fisheries conceptions of biodiversity conservation and
management. fisheries management.80 EAF plays a
It is reflected in the 1972 Stockholm significant role in implementing sustainable
Declaration, 1982 United Nations Convention development, particularly the application of
on the Law of the Sea (UNCLOS),77 1992 Rio sustainable fisheries. More importantly, the
Declaration and Agenda 21 adopted by definitions reflect the holistic approach in
UNCED, 1994 Convention on Biological addressing human and ecological well-being
Diversity, 1995 United Nations Fish Stocks by focusing on biodiversity, ecosystem
Agreement, and 2002 World Summit on function, and fisheries management to
Sustainable Development. The EAFM was ensure food security, including providing a
first recognised internationally in the 2001 livelihood for humans.81 The three pillars of
Reykjavík Conference on Sustainable sustainable development, environmental,
Fisheries in the Marine Ecosystem, followed economic and social, are accommodated
by the 2002 WSSD and applied the approach under the EAFM conception.
In Indonesia, Fisheries management
is stipulated under Article 7-13 of Law No
31/2004 jo. Law No. 45/2009 on Fisheries
specifies that MMAF has the authority to
establish a fisheries management plan by
75
determining the potential and allocation of
Graeme Kelleher, ‘Guidelines for Marine
fisheries resources in Indonesian Fisheries
Protected Areas’ [1999] IUCN, Gland, Switzerland
Management Areas (IFMA),82 settling on the
and Cambridge, UK. xxiv +107pp., xvii.
76
Herein after referred to as ‘EAFM’.
77 78
Under the Economic Exclusive Zone (EEZ) G Bianchi and HR Skjoldal, Ecosystem Approach
regime, UNCLOS stipulates that coastal states to Fisheries (CABI 2008) 21
must conserve and manage marine resources by <http://ebookcentral.proquest.com/lib/abdn/det
involving scientific evidence to determine the ail.action?docID=408054> accessed 20 October
total allowable catch (TAC), capacity to harvest 2022.
79
and maintain the stock by preventing ‘Executive Summary’
over-exploitation (Articles 61 (1) and (2)). <https://www.fao.org/3/Y4470E/y4470e05.htm#
Furthermore, UNCLOS requires the coastal State TopOfPage> accessed 20 October 2022.
80
to maintain or restore harvestable species Bianchi and Skjoldal (n 78) 24.
81
populations at levels that can produce the Ibid.
82
maximum sustainable yield (MSY) (Article 61 (3)). Herein after referred to as ‘IFMA’.
35

total allowable catch (TAC)83 in IFMA, the water areas, but Law No 1/2014 does not
determining fishing gears, fishing location, acknowledge this practice.90
fishing lanes or fishing seasons, preventing The EAFM concept is facilitated by Law
fishing activities which causes pollution and No 1/2014 concerning the protection of the
destructive fishing activities, determining marine ecosystem, planning and establishing
protected fish species, including establishing conservation management for various
MPA and international cooperation. The total objectives, not fisheries in specific. Omnibus
allowable catch (TAC) and maximum Law No. 11/2020 does not amend the
sustainable yield (MSY)84 are determined abovementioned fundamental elements. The
after considering the recommendation of the traditional communities remain to have
National Commission on Fisheries is reflected access to conduct marine utilisation and
in the integration of a scientific-based contribution to marine spatial planning in the
approach to fisheries management.85 The area, including the right to propose
principles adopted in the mandated articles traditional area management, access to
above cover almost all the basic principles of information, objection and file a lawsuit and
EAFM.86 other rights that accommodate the
Law No 1/2014 of Coastal Area and Small fundamental rights of local communities.91
Islands Management provides the Participation of affected people or relevant
conservation measures to ensure the stakeholders from fisheries management is
sustainability of coastal areas and small recognised as the central element of EAFM
islands' resources and ecosystems, including and sustainable development.
marine biodiversity, marine biota migration The facilitation of local communities in
routes and preserving traditional cultural establishing fisheries management regulated
sites.87 Furthermore, this law acknowledges by Law No. 1/2014 can be considered the
the rights of traditional communities to implementation of EAFM. Intersectoral
conduct their traditional activities under the cooperation between government, local or
traditional laws.88 district government, ministries, and other
The law also explicitly mentions the stakeholders is the primary framework for
traditional communities with special EAFM. Biodiversity conservation covers a
integration in the coastal areas and small wide range of ecosystems and habitats from
islands, such as sasi, mane'e, panglima laot, terrestrial areas to high seas. Intersectoral
and awig-awig.89 However, there is a coordination is important to promote, and
common practice in eastern Indonesia of integration into the ecosystem approach
Maluku, Papua and West Papua in claiming provides a framework of principles and
guidelines, including establishing MPA,
83
Herein after referred to as ‘TAC’. fisheries management measures and
84
Herein after referred to as ‘MSY’. species-protection measures.92
85
Article 7 (4) Law No. 31/2004 jo Law No.
45/2009. E. INDONESIAN FISHERIES
86
Umi Muawanah and others, ‘Review of National MANAGEMENT AREAS (IFMA)
Laws and Regulation in Indonesia in Relation to an Based on MMAF Regulation No.
Ecosystem Approach to Fisheries Management’ 18/PERMEN-KP/2014 concerning the
(2018) 91 Marine Policy 150, 155.
87
Article 1 (20) and 28 Law No. 1/2014
88 90
Muawanah and others (n 86) 155 Article 60 Law Muawanah and others (n 86) 155.
91
No. 1/2014. Article 60 No. 11/2020 Regarding Job Creation.
89 92
Article 28 (4) Law No. 1/2014. Bianchi and Skjoldal (n 78) 45.
36

Fisheries Management Area of the Republic 572 Indian Oceans in the West
of Indonesia, Indonesia has established Sumatera and Sunda Strait
eleven IFMAs covering 6,4 km2 of the 573 Indian Oceans in the South Java
Indonesian water area.93 As shown in the lap to South Nusa Tenggara, Sawu
below, the IFMA covers the entire Indonesian Sea, and West of Timor Sea
water area from internal waters, archipelagic 711 Karimata Strait, Natuna Sea and
waters, territorial sea, contiguous zone and North Natuna Sea
Indonesian EEZ.94 The objectives of IFMA are 712 North Java Sea
to manage capture fish activity, fish 713 Makasar Strait, Bone Bay, Flores
cultivation, fisheries conservation, research Sea and Bali Sea
and development.95 Preliminary observations 714 Tolo Bay and Banda Sea
from the map below show that all Indonesian 715 Tomini Bay, Maluku Sea,
MPAs are within the IFMAs. The question Halmahera Sea, Seram Sea and
arises as to whether there are any Berau Bay
correlations between MPA and IFMA in terms
716 Celebes Sea and North
of the conservation of fish resources and
Halmahera Island
marine biodiversity in achieving the
717 Candrawasih Bay and Pacific
international obligation.
Oceans
718 Aru Sea, Arafuru Sea, and East
Map of eleven IFMA.96
Timor Sea

To implement the MMAF Regulation

18/2014, the Indonesian government then
passed the MMAF Regulation No. 22/2021
concerning the Organization of Fisheries
Management Plan and Institutions in the
Fisheries Management Area of the Republic
of Indonesia. In addition, the National
Medium-term Development Plan or RPJMN
(2020-2024) embedded the IFMA as a spatial
base for sustainable fisheries development.97
The efforts to strengthen governance and
IFMA Location based on MMAF Regulation implement maritime activities can be
18/2014: examined as Indonesia's commitment to
implement SDG 14 targets for Ocean
Ecosystems (Life Below Water).98
IFMA Location
The enactment of MMAF Regulation
571 Malacca Strait and Andaman Sea
22/2021 is the outcome of Law No 11/2020
Regarding Job Creation and Article 41 of the
Government Regulation 27/2021. It regulates
93
‘KKP | Kementerian Kelautan Dan Perikanan’ fisheries activities in Indonesian water,
<https://kkp.go.id/djpt/ditpsdi/page/5052-rpp-da
97
n-lpp-wppnri> accessed 19 October 2022. Presidential Decree No. 18/2020; Strenghtening
94
Article 1 (8) MMAF Regulation 22/2021. the management of maritime, fisheries and
95
Articla 1 MMAF Regulation 18/2014. marine, Strategy I.
96 98
Appendix 1 MMAF Regulation 18/2014. Ibid.
37

including the EEZ and inland waters, such as management plan in Indonesia. The Fisheries
rivers, lakes, reservoirs, swamps, and Management Commission is appointed and
ponds.99 This article limits and discusses the has authority under MMAF Regulation
provisions in regard to internal water, 22/2021 from the planning, implementation,
archipelagic water, territorial sea and EEZ and and evaluation stages.106 A scientific panel
excludes inland water fisheries. assists the Commission in formulating the
According to MMAF Regulation management plan based on scientific results
22/2021, the fisheries management plan and consultative panels to facilitate
includes the integrated process of collecting stakeholders’ participation and aspirations,
information, analysis, planning, consultation, such as traditional or local institutions and
decision-making, fish resource allocation, non-governmental organizations, including
implementation and enforcement of fisheries marine and fisheries associations.107
laws and regulations.100 The management One of the main principles in
plan considers the fisheries status and establishing a fisheries management plan is
strategic fisheries management plan within the ecosystem approach to fisheries;
the IFMA; therefore, each of these eleven consequently, conservation measures are
IFMAs has distinctive management plans, inserted, for instance, to estimate fish
depending on the location and fish species.101 resource allocation by determining the TAC in
Fish with important economic values, IFMA.108 Furthermore, the TAC must take into
included in the CITES appendix, protected, account fisheries resources sustainability and
endemic, vulnerable and endangered species its environment.109 The MMAF Regulation No.
are considered to establish the fisheries 22/2021 further instructs the establishment
management plan.102 Moreover, the fisheries of a Working Group of Fish Resources
status as the important element should Utilization and Conservation, appointed in
comprehend the fisheries resources, which every IFMA, to conduct analysis coordination,
include potential estimation, TAC, MSY and monitoring and evaluation.110
fish resources allocation.103 The MMAF Regulation No. 22/2021
The fisheries management plan and focuses on the management of IFMA and the
strategic fisheries management plan should authority's work. Despite the violation
also consider the environmental, social prevailing within the IFMAs, this regulation
economy, and governance aspects and be does not include the surveillance procedures
regularly updated. The five-year action plan nor the sanctions applied to the offender.
is established to achieve the objectives of the The MMAF Regulation No. 47/2020 regarding
fisheries management plan,104 and evaluation the Duty of Fisheries Supervisor fills the gap
of the plan is conducted at least once in two in the law enforcement task. The fisheries
years.105 supervisor has the main authority to perform
Accordingly, scientific evidence has a
significant role in designating a fisheries 106
Article 43 (2) MMAF Regulation No. 22/2021.
107
Article 44-46 MMAF Regulation No. 22/2021.
99 108
Article 1 (9) MMAF Regulation 22/2021. Article 3 and Article 8 (1) MMAF Regulation
100
Article 1 (4) MMAF Regulation 22/2021. No. 22/2021.
101 109
Article 1 (7) and Article 2 (2) MMAF Regulation Article 6 (1) MMAF Regulation No. 22/2021.
110
22/2021. Article 38 (1) MMAF Regulation No. 22/2021.
102
Article 2 (4) MMAF Regulation 22/2021. The other two commissions are mandated under
103
Article 4 (2)(a) MMAF Regulation 22/2021. the regulation: the Working Group of Data and
104
Article 16 (1) MMAF Regulation 22/2021. Information and the Working Group of
105
Article 25 (1) MMAF Regulation 22/2021. Supervision and Enforcement.
38

the action on violations occurring in IFMA by Particular attention must be given to the
implementing surveillance patrols and fact that there is a lack of correlation
monitoring the movement of fishing between Indonesian MPAs and IFMAs. MPA
vessels.111 and FMA’s objectives are identical: protecting
In light of fisheries conservation, and preserving fish resources. There would
however, the surveillance applies limited to be a possibility of a conflict between MPA
pollution and does not apply to any violation and fishing activities, specifically if the MPA
of MPA regulation. applied categories I-III which are highly
protected areas and associated with no-take
F. APPRAISAL OF INDONESIAN zones.116 Indonesian MPA primarily applies
FISHERIES CONSERVATION: THE category VI, where fish conservation and
INTEGRATION OF MPA AND IFMA utilisation are maintained sustainably.
There is commonly misunderstanding The national medium-term plan, RPJMN
that biodiversity conservation through MPA (2020-2024), was passed under Presidential
and fisheries management are unrelated. The Decree No. 18 of 2018 and contains four
MPA category, which includes the no-take appendices. The RPJMN is mainstreaming the
zone, is typically misunderstood as the SDGs targets, including its indicators, and it
general type of MPA. Furthermore, MPA and can be acknowledged that the seventeen
fisheries management are generally assumed goals of SDG have integrated and are
as two distinctive conservation measures indivisible within the RPJMN.117 Marine and
with different goals and adopting different fisheries affairs are included in developing
approaches. economic infrastructure and ensuring food
From a different perspective, MPA and security by advancing fisheries management.
fisheries management can be observed to To achieve sustainable fisheries, the
share the same approach, which is the RPJMN focus on capture fisheries which
ecosystem approach.112 Until 2005, most consider the MSY value and eliminate the
published MPA guidance focused on constraints by strengthening management
biodiversity conservation and excluded the and institutionalisation of IFMAs, optimising
fisheries management perspective.113 The fisheries productivity and harmonising
Twenty-Sixth Session of the Food and marine spatial planning, particularly in the
Agriculture Organization (FAO) Committee of coastal areas and small islands.118 In Addition,
Fisheries (COFI) developed the guidelines in 2019, Indonesia established MPA covering
which accommodate the implementation of 20.9 million hectares, and MPA is expected to
MPA in relation to fisheries to fill the gap.114 be expanded to 26.9 million hectares in
FAO does not directly imply MPA 2024.119
characteristics in the Code of Conduct for There are five strategies for the
Responsible Fisheries; however, it recognized enhancement of the management in
MPA's contribution to achieve sustainable fisheries and marine. These are (1)
fisheries by applying the EAF.115 appointing IFMA as the spatial basis in
sustainable fisheries, institutional
111
Article 8 and 9 (2) MMAF Regulation No.
116
47/2020. Day and others (n 18) 31.
112 117
Food and Agriculture Organization of the Appendix 1 Presidential Decree 18/2018,
United Nations (n 14) 2. Direction of National Long-Term Development
113
Ibid. Plan 2005-2025, pg. 17.
114 118
Ibid. Ibid, 73-74.
115 119
Ibid, 9. Ibid, 83.
39

transformation and IFMA’s function, MPA's location within the Indonesian

advancement of IFMA’s management quality, Fisheries Management Area.122
management of marine spatial planning and
coastal zonation plan; (2) Management of
marine ecosystem and sustainable marine
services; (3) improving production,
productivity, standardisation, quality control
and safety of fisheries and marine products;
(4) improving business facilitation, financial,
technology and market, improving the
welfare and empowerment of integrated
fishermen; protection of small-scale marine
and fisheries businesses; and (5) improving
the quality and competence of human
resources, marine technological innovation,
research and databases on marine and The map above shows the
fisheries.120 Indonesian MPA distribution (2019) within
the eleven IFMAs, in the coastal area and
IFMAs databases.121 small islands, which are classified as National
MPAs (green square), district MPA (red dot),
and MPA managed by MOEF (black square).
This map also indicates several location
designated as MPA located in territorial
water or Archipelagic Water, within the IFMA
573, 711, 713, 714, 715, 716, 717 and 718.
The most recent MMAF Decision No.
19 of 2022, concerning the Estimation of
Potential Fish Resources, Total Allowable
Catch, and the Utilization of Fish Resources in
IFMA, presented capture fish resources’
potential estimation, divided into nine
The orange box on the map above groups of species. The collected data
shows the TAC and the percentage of determine fisheries resource allocation and
utilization rates in eleven IFMAs based on has been calculated and reviewed
MMAF Decision No. 50/2017. It also displays periodically at least once in three years.123
the fishing vessels and gears in the unit Further, the enactment of MMAF Decision
scales. The navy box indicates the MPA 19/2022 revoked the MMAF Decision
established within the IFMAs; however, there 50/2017.124 MMAF Decision No. 19/2022
is no further explanation regarding the
effectiveness of these MPAs, except the plan 122
‘KKP | Kementerian Kelautan Dan Perikanan’
to utilize the resources in a sustainable <https://kkp.go.id/djprl/artikel/22288-peta-kawas
manner. an-konservasi-perairan-tahun-2019>. accessed 3
October 2022.
123
MMAF Decision No. 19/2022, Decision Three,
3.
120 124
Ibid, 91. MMAF Decision No. 19/2022, Decision Four,
121
Ibid, 118. Ibid.
40

shows the table of fish resources classified as 711 10 6 3

over-exploited Is marked by E > 1, fully 712 1 1 6 2
exploited by 0.5 < E < 1, and moderate by E < 713 7 1 3 4
0.5.125 Eight species are included in the 714 6 3
report: small pelagic, large pelagic, demersal 715 7 2
fish, coastal fish, penaeid shrimp, lobster, 716 6 1 7 1
crab, crustacea and squid. 717 2 5 2
According to the MMAF Decision No.
718 7 2
19/2022, most IFMAs (eight of eleven) are
Status of fish utilization in IFMA 2022.
over-exploited on coastal fish species. IFMA
571 is classified as moderate, while IFMA 711
MMAF Regulation 22/2021 can be
and 712 are fully exploited.126 IFMA 573 is
considered as one aspect required in EAFM
also observed as having an exceeding
to provide scientific evidence (TAC and MSY
number of over-exploited fish species and
level) that enables sustainable development
fully-exploited status. Similar conditions for
in fisheries. It also determines how Indonesia
over and fully-exploitation fish species also
comply with the obligation to determine TAC
appeared in IFMA 711, followed by IFMA 714
and MSY under Article 61 (1) and (3)
and IFMA 718.127 It can be observed that
UNCLOS, including Paragraph 7.3.1 of the
most IFMA encounters are entirely and
FAO Code of Conduct for Responsible
over-exploited.
Fisheries.129
However, the utilisation level
described by MMAF Decision 19/2022 needs
G. CONCLUSION
to provide more detailed information
MPA strongly correlates with the concept
regarding the social and economic aspects. It
of EAFM in terms of the parallel of its main
can be considered Indonesia's
objectives. EAFM was developed through
implementation to achieve sustainable
stages to integrate the environmental aspect
fisheries, particularly the environmental
in fisheries management. It is reflected in
factor. The environmental element is also
fundamental international marine
essential in EAFM, specifically by improving
biodiversity and fisheries conservation
the scientific understanding of the
instruments. EAFM plays a significant role in
ecosystem, including the environmentally
implementing sustainable development,
safe fishing gear and fishing vessels GT
particularly the application of sustainable
requirements.128
fishing. Indonesia’s practices show that the
TAC and MSY are determined after
Fully
IFMA MPA Moderate considering the recommendation of the
Exploited
Commission on Fisheries is reflected in the
571 2 2 integration of a scientific-based approach to
572 2 3 1 fisheries management. The principles
573 4 1 4 adopted in the mandated articles cover the
basic principles of EAFM. The law also
125
The explanation of the status indicator is explicitly mentions the traditional
provided in the Appendix of MMAF Decision No.
129
50/2017. ‘Code of Conduct for Responsible Fisheries,
126
Appendix of MMAF Decision No. 19/2022, 4-7. Food and Agriculture Organization 1995’ 9
127
Ibid. <https://www.fao.org/3/v9878e/V9878E.pdf>.
128
Bianchi and Skjoldal (n 78) 27. accessed 21 October 2022.
41

communities with special integration in the REFERENCES

coastal areas and small islands (sasi, mane'e, A. Books, Journal Articles and
panglima laot, and awig-awig). Documents
Participation of impacted communities
from MPA is recognised as the central ——, The International Law of the Sea (Third
element of EAFM and sustainable edition, Cambridge University Press
development. The objectives of IFMA are to 2019)
manage capture fish activity, fish cultivation, ‘Code of Conduct for Responsible Fisheries,
fisheries conservation, research and Food and Agriculture Organization
development. The efforts to strengthen 1995’
governance and implement maritime <https://www.fao.org/3/v9878e/V98
activities can be examined as Indonesia's 78E.pdf> accessed 21 October 2022
commitment to implement SDG 14 targets
for Ocean Ecosystems (Life Below Water). ‘Executive Summary’
The management plan considers the fisheries <https://www.fao.org/3/Y4470E/y44
status and strategic fisheries management 70e05.htm#TopOfPage> accessed 20
plan within the IFMA; therefore, each of October 2022
these eleven IMFAs has specific management
plans, depending on the location and fish ‘United Nations General Assembly,
species. A/CONF.232/2023/2,
The fisheries management plan and Intergovernmental Conference on an
strategic fisheries management plan should International Legally Binding
also consider the environmental, social Instrument under the United Nations
economy, and governance aspects and be Convention on the Law of the Sea on
regularly updated. One of the main principles the Conservation and Sustainable
in establishing a fisheries management plan Use of Marine Biological Diversity of
is the ecosystem approach to fisheries; Areas beyond National Jurisdiction.’
consequently, conservation measures are <https://documents-dds-ny.un.org/d
inserted, for instance, to estimate fish oc/UNDOC/GEN/N22/467/94/PDF/N
resource allocation by determining the TAC in 2246794.pdf?OpenElement>
IFMA. Furthermore, the TAC must consider accessed 5 March 2023
fisheries resources sustainability and its
Bianchi G and Skjoldal HR, Ecosystem
environment. The fisheries supervisor has
Approach to Fisheries (CABI 2008)
the leading authority to act on violations
<http://ebookcentral.proquest.com/li
within the IFMA by implementing
b/abdn/detail.action?docID=408054>
surveillance patrols and monitoring the
accessed 20 October 2022
movement of fishing vessels. In light of
fisheries conservation, however, the
Day J and others, Guidelines for Applying the
surveillance applies only to pollution and not
IUCN Protected Area Management
to violating MPA regulations.
Categories to Marine Protected Areas
(Second edition, IUCN 2019)
Acknowledges:
This article is part of my doctoral thesis Dudley N, Guidelines for Applying Protected
research at the School of Law, University of Area Management Categories (IUCN
Aberdeen, Scotland, United Kingdom. 2008)
42

<https://portals.iucn.org/library/nod B. International conventions and

e/9243> accessed 6 April 2020 instruments

Food and Agriculture Organization of the 1972 Stockholm Declaration

United Nations (ed), Fisheries
Management. 4: Marine Protected 1982 United Nations Convention on the Law
Areas and Fisheries (Food and of the Sea
Agriculture Organization of the
United Nations 2011) 1992 Rio Declaration and Agenda 21 adopted
by UNCED
Gillespie A, ‘Defining Internationally
Protected Areas’ (2009) 12 Journal of 1994 United Nations Convention on
International Wildlife Law & Policy Conservation of Biological Diversity
229
1995 United Nations Fish Stocks Agreement
Jakobsen IU, Marine Protected Areas in
International Law: An Arctic 2002 World Summit on Sustainable
Perspective (Brill Nijhoff 2016) Development

Kelleher G, ‘Guidelines for Marine Protected The United Nations Convention on the Law of
Areas’ [1999] IUCN, Gland, the Sea on the conservation and
Switzerland and Cambridge, UK. xxiv sustainable use of marine biological
+107pp. diversity of areas beyond national
jurisdiction (BBNJ Agreement)
Muawanah U and others, ‘Review of National
Laws and Regulation in Indonesia in C. Indonesia laws and regulations
Relation to an Ecosystem Approach
Law No. 31/2007 amended by Law No.
to Fisheries Management’ (2018) 91
45/2009 Regarding Fisheries
Marine Policy 150
Law No. 27/2007 amended by Law No.
S. Pameroy R, Parks JE and Watson LM, ‘How
1/2014 Regarding the Management
Is Your MPA Doing? A Guidebook of
of Coastal Areas and Small Islands
Natural and Social Indicators for
Evaluating Marine Protected Area
Law No. 11/2020 Regarding Job Creation
Management Effectiveness’
<https://portals.iucn.org/library/sites Presidential Decree No. 18 of 2018
/library/files/documents/PAPS-012.p  Regarding the National
df> Medium-Term Development Plan
2020-2024 
Tanaka Y, The International Law of the Sea
(2nd edn, Cambridge University Press MMAF Regulation No. 18/PERMEN-KP/2014
2015) Regarding the Fisheries Management
https://doi.org/10.1017/CBO978113 Area of the Republic of Indonesia
9946261
43

MMAF Regulation No. 31/PERMEN-KP/2020 ‘KKP | Kementerian Kelautan Dan Perikanan’

Regarding the Management of <https://kkp.go.id/djprl/artikel/2228
Conservation Areas 8-peta-kawasan-konservasi-perairan-
tahun-2019>, accessed 3 October
MMAF Regulation No. 22/PERMEN-KP/2021 2022
Regarding the Organization of
Fisheries Management Plan and ‘——’
Institutions in the Fisheries <https://kkp.go.id/djpt/ditpsdi/page/
Management Area of the Republic of 5052-rpp-dan-lpp-wppnri> accessed
Indonesia 19 October 2022

MMAF Decision No. 19/KEPMEN-KP/2022 ‘——’

Regarding the Estimation of Potential <https://kkp.go.id/djprl/artikel/2228
Fish Resources, Total Allowable 8-peta-kawasan-konservasi-perairan-
Catch, and the Utilization of Fish tahun-2019>, accessed 3 October
Resources in IFMA 2022

D. Other sources ‘Produksi Perikanan’

<https://statistik.kkp.go.id/home.php
‘Badan Pusat Statistik’ ?m=prod_ikan_prov&i=2#panel-foot
<https://www.bps.go.id/subject/56/p er-kpda>, accessed 20 January 2023
erikanan.html#subjekViewTab3>,
accessed 20 January 2023 ‘Tabel Jumlah Dan Luas Kawasan Konservasi
2014-2019.Pdf’
‘——’ <https://kkp.go.id/an-component/m
<https://www.bps.go.id/indikator/in edia/upload-gambar-pendukung/djpr
dikator/view_data/0000/data/1289/s l/FOTO/Tabel%20Jumlah%20dan%20
dgs_14/1> accessed 5 January 2023 Luas%20kawasan%20konservasi%202
014-2019.pdf> accessed, 5 January
<https://portals.iucn.org/library/sites/library 2023
/files/documents/PAG-019-2nd%20e
d.-En.pdf>, accessed 6 August 2021