the official governmental structure. Kewang members may be invited by the village government
to discuss and participate in the planning process as individuals. However, they cannot
formally represent their position as an institution, even though the kewang specifically deals
with the village resources.
6.5.2 The process of producing a fisheries law
The process starts with an academic draft put forward by the appropriate technical institution,
which in this case is the Fisheries Agency (at the provincial or district level). In establishing
the draft, the Fisheries Agency will consult other government institutions as required. Again,
because the traditional law enforcers in the kewang institution have no standing in the
government, there is no place here for the kewang to initiate the process or draft its ideas.
Once the academic draft is completed, the Fisheries Agency will send it as a proposal to the
Governor, routed through the Head of the Law Bureau (Department Dalam Negeri) for legal
examination. In the process of reviewing the proposal, the Law Bureau considers higher-
level regulations related to the proposal, reviews the advantages and disadvantages, and
then invites the Fisheries Agency to cooperatively present the proposal. In the next stage, the
Law Bureau would ask the Regional Regulations Pre-planning Reviewing Team1 (Tim
Pembahasan Pra Rancangan Perda) for a meeting and discuss the proposal.
After going through several rounds of examination, the team will decree the proposal as a Regional
Regulation Plan (Rancangan Perda), which is then sent to the regional House of Representatives
(DPRD) for approval. The proposal is sent to the DPRD with a Letter of Introduction from the
Governor. The DPRD will then form a Special Committee (Pansus) to process the Rancangan Perda
further and at the end, it becomes a decreed Regional Regulation (Perda) 2 .
6.6 Licensing
Fishing licenses allow access to particular fishing grounds. Foreign and domestic industrial
vessels over 30 GT which are deployed in eastern Indonesia, obtain fishing licenses directly
from the national government in Jakarta. Vessels of 10-30 GT are licensed by the Fisheries
Agency at the provincial level whereas smaller boats (under 10 GT) are dealt with at the district
level. Artisanal fishers require no license to fish with hand lines, spears, traps or simple nets.
Commercial operators must obtain permits from the Department of Transport, which regulates
the placement of floating lift nets (bagans) and fish aggregating devices (rumpons) and issues
permits for boats to operate from particular harbors. Interviews with staff in the Department
of Transport revealed that, in general, they simply stamp forms and collect fees. There is
little attempt to consciously manage or control where and how commercial boats operate.
1 The Team is led by the Regional Secretary (Sekwilda) and consist of the following members: Sekwilda assistants,
BAPPEDA, the Social Politic Directorate, Finance Bureau, Economy Bureau, Environment Bureau, Government
Bureau, Fisheries Agency (Dinas Perikanan) and other related institutions as required.
2 If the Fisheries Agency is in urgent need of a Law, they can ask the Governor (for Level I purposes) or the
District Head/Bupati (for Level II purposes) to issue a decree/statement that can be used as a law in principal
for their urgent need.
Fisheries Management in Central Maluku 63
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