HARMONIZATION OF LAW IN FISHERIESFOR FISHERMEN EMPOWERMENT

By:Endang Sutrisno[footnoteRef:2] [2: Dr. Endang Sutrisno, SH.M.Hum : A Lecturer of law Faculty of Universitas Swadaya Gunung Jati Cirebon West Java.]

ABSTRACT

It is an indisputable fact that the harmonization of law in building a harmony, conformity, and balance is the key word in the effort towards achieving goals of law ideal. Harmonization of law through a legislation approach starts from the foundation of law ideal (Rechtsidee), without it, as contained in Pancasila, the product of law will be meaningless. Harmonization of law established through the Act 45 of 2009 on the Amendment Act No.31 of 2004 on Fisheries is expected to achieve the welfare of fishermen. Regarding to this, reveals a research question why it is necessary to do the harmonization of law, in order to achieve wholeness in building law in the context of arrangement aiming at fishermen social welfare. To get answers from this question, this study uses normative research method that studies the principles of law, the legal basis of positive, systematic study of law and the research on law synchronization stage and law discovery efforts in concreto which is appropriate to be applied in order to resolve certain legal issues.The study's finding indicates the role of law in development thinking is closely related to the characteristics of the legal ability to handle problems in the community. A harmonization of law is needed because the normative setting fisheries do not fully describe the full harmonization of law such as Article 46A of Law 45 of 2009. This legal norm bares a limitation of public involvement in overseeing the activities of industrial-scale fishing of Article 25 of Law 45 In 2009 allows the degradation of environmental quality due to coastal or marine fisheries industry activity. On the other hand the government shut down the access to public social control to monitor the activities of industrial-scale fishing industry due to the existence of Article 46A of Law 45 of 2009. This setting has ignored the arrangement of Article 14 paragraph (1) and paragraph (2) of Law 39 of 1999 on Human Rights, and the public's right to get information. Public supervision on industrial-scale fishing operations is ultimately not achieved.Fisheries Act does not provide places for small businesses, fishermen, laborers and small fish industries. The government through its legal products provides a wide place for large industrial-scale fisheries in order to penetrate the field of fisheries on fish resources regarding the potential for all kinds of fish. State intervention in the form of regulatory management and exploitation of fish resources referred to the Act No.31 of 2004, which some articles amended by Act 45 of 2009 does not able to optimally empower fishermen to tackle the problem of poverty.The absence of normative regulation which expressly protects fishermen, small fishing industry workers through the Fisheries Act is the phase of a disregard for the basic principles in the management of coastal zones and oceans in an integrated manner so that the existence of the Fisheries Act no longer a harmony, conformity, balance by Act 27 of 2007 on Management of Coastal Areas and Small Islands which are based on sustainability; consistency; integration; legal certainty; partnerships; equity; public participation; openness; decentralization; accountability and justice.

Keywords: Fishery Regulations; disability of law.

A. Background Research:The longer the coast, the greater number of poor people in Indonesia. This is because the coastal areas in Indonesia are places or pockets of fishermen poverty. Poverty that occurs in fishing communities is not independent, but due to past policy that is too concentrated on the development of land areas (continental orientation) and forget about the development of marine areas (maritime orientation), making the marine and fishery sector periphery.[footnoteRef:3] [3: Akhmad Solihin, Pendekatan Sosial-Budaya dalam Memberdayakan Nelayan, (Cakrawala TNI-AL RI Magazine, edition 383/2004).]

Policy makers should consider seriously the importance of socio-cultural approach as a base or an instrument of empowerment of fishing communities. Based on sociological characteristics, coastal communities (fishermen) are different from rural communities (farmers) in mainland. In addition, resources and geographical characteristics among the regions are very diverse. So, as a result of coercion, ignorance approach and homogenization development programs for fishing communities will certainly produce failure.Forms of program failure of empowerment can be the value of the congestion revolving fund that will be developed, and misuse of funds for the benefit of outside programs, dissolution of social and economic institutions built after the program ends, socio-economic condition or the welfare of fishing communities not increase, finally continuity empowerment activities stopped on the half way.The failure is caused by the application of empowerment that is not often framed by the social structure of the local culture, whether related to institutional issues or the prevailing system of division of labor in fishing communities. Consequently empowerment programs are extraneous to the local fishing community, and ironically, the institution of the new empowerment formation is often antagonistically confronted with local institutions. Thus, the public apathy towards the implementation of empowerment strategies such growing social resistance causes an impact on the creation of barriers to successful empowerment strategy.The government should be duly filled-oriented to development based on local resources such as agriculture, forestry, marine and fisheries. Many countries that have the resources are now trying to rebuild the development paradigm by giving more attention to marine sectors, fisheries and agriculture. Indonesia should review this sector-based natural resource.[footnoteRef:4] This serious attempt of the government in reviewing the policy development based on local resources is expected to bring prosperity to the community as a target community of policy objectives, which in turn is the parameter of the successful development of the sector. [4: Akhmad Solihin-Muhammad Karim-Suhana-Thomas Nugroho, Strategi Pembangunan Kelautan dan Perikanan Indonesia : (Bunga Rampai), (Bandung : Publisher Humaniora,2005), page.3.]

Development of the fisheries sector as a focus of study is quite interesting considering many observers in the media show "rosy picture" (beautiful picture) fisheries in Indonesia with "if-then" rule.[footnoteRef:5] For example, "if" this ocean is able to be benefitted by thousands of ships, and each ship produces so many tons of fish, the economic will gain extraordinary benefits. The concept of a linear pattern of thinking will eventually greatly simplifies such a complex problems of fisheries development which requires a comprehensive-integral approach with other fields. [5: Akhmad Fauzi, Kebijakan Perikanan dan Kelautan : Isu, Sintesis dan Gagasan, (Jakarta : Publisher PT Gramedia Pustaka Utama, 2005),page.10.]

Fishing activity as an ancient tradition since the first human being, especially considering the position of Indonesia as an archipelagic country, rich with coastal and ocean natural resources should be used for the welfare of the people so that the concern of the government through the policy development that led to the birth of the fisheries sector and fishing success is the key word.[footnoteRef:6] The reason is the further consideration that the study of the management and use of marine resources, particularly fisheries, the fore in the context of governance and national development, because the major problems faced by the fishing community (read: traditional fishermen) as stakeholders continue to spin on poverty and backwardness. Regulation and empowerment programs by the government as a state representative are not fully able to address existing problems.[footnoteRef:7] [6: Rokhmin Dahuri-Jacob Rais-Sapta Putra Ginting-MJ Sitepu, Pengelolaan Sumber Daya Wilayah Pesisir dan Lautan Secara Terpadu, (Jakarta : Penerbit PT Pradnya Paramita, 2001),hlm.1.] [7: Garuda Wiko, Rekonstruksi Regulasi Pengelolaan dan Pemanfaatan Sumberdaya Kelautan : Suatu Analisis Sosio-Legal terhadap Peraturan Sektor Perikanan di Kalimantan Barat, (Disertation ; PDIH Undip, 2006),page.1.]

Fishery sector development issues can not be separated from the problem found in most of the communities in the coastal areas of Indonesia, namely the problem of poverty fishermen (Especially the traditional fishermen and fishing workers)[footnoteRef:8] because the two types of groups is majority in number, the image of poverty inherent in the lives of fishermen.[footnoteRef:9] There are many factors which cause poverty so that rural community development approach should be applied in the development of coastal communities with the development strategy to help people to be able to build and develop on their own abilities and strengths, based on the development potential of the natural environment in the village.[footnoteRef:10] [8: Badan Penelitian & Pengembangan Kesejahteraan Sosial Departemen Sosial-Pusat Antar Universitas-Studi Sosial UGM, Laporan Penelitian Masalah Kemiskinan Nelayan, 1997-1998, page.10-11. See also Pujo Semedi, Close to The Stone, Far From The Throne : The Story of A Javanese Fishing Community 1820s-1990s, (Yogyakarta : Benang Merah Press, 2003),page.3.Distributed among three crew members and a boat owner; the income of each of them was less than two kilos of rice per day-as some part of the catch was used to cover the cost of their fishing supplies.] [9: Ibid,page.10.] [10: Rokhmin Dahuri-Jacub Rais-Sapta Putra Ginting-MJ Sitepu,Op.Cit, page.300.]

The problem of poverty fishermen began to look to surface a decade after the implementation of a national policy on modernization of fishing equipment, motorization the boat in the early 1970s. That policy known as blue revolution is intended to improve the productivity of fisheries in the fishing villages. It apparently has led to over-exploitation of fishery resources to meet the needs of domestic and international markets. Policy orientation and thought to 'conquer marine resources' which is so dominant has shifted the protection and sustainability priorities of resources. Plus this resource is classified into common property resources.[footnoteRef:11] [11: Kusnadi, Akar Kemiskinan Nelayan, (Yogyakarta : LkiS Publisher, 2003), page.20.]

This condition affects the level of participation of fishing communities and reduces the independence and initiative to self-help. If the regulations set-oriented for development purposes in favor of the individual capitalist philosophy, it will remain difficult for fishermen to break away from the cycle of poverty.[footnoteRef:12] There are many examples of it that fishermen are difficult to access to coastal areas. Meanwhile, the owners of capital are given the power to more freely use resources in the region though the region is closely related coastal ecosystems, especially marine fisheries. [12: Garuda Wiko, Op.Cit,hlm.2-3.]

The other side that reflects the lack of effectiveness of government policies to address the issue of poverty is fundamentally fishing port infrastructure which include fishery and Fish Auction Place (TPI) in various regions that do not contribute to satisfy the fishermen welfare, inequality and strong patron-client relations in fishing communities. With such a condition is very broad impact in the socio-economic life of the fishermen that requires a legal structure that contains alignments on fishing communities. Realizing such a reality today in the era of President Susilo Bambang Yudhoyono, there are a number of breakthroughs in the field of maritime policy and fisheries that can be taken and can be priorities after 100 days, among which can be called is a three-step or a concrete policy breakthroughs:[footnoteRef:13] first , developing non-bank Fisheries Financing Institutions (LPP) as an alternative source of financing micro-scale fisheries. It is important to remember that the sources of financing based upon conventional banks have been less supportive of small fish. Secondly, increasing the income of fishermen and fish farmers through fish price guarantee, diversifying technology and business, as well as infrastructure improvements. Third, enhancing the protection of fishermen and fish farmers with open access resource use and management, and trading. Many of the challenges that have a potential to narrow access, such as industrial activities that pollute the waters so that the area is not feasible for fishing activities. The policy is an attempt by the government to address the poverty crisis that occur in the fishing communities and also, to support the small business community-based fisheries management. [13: Arif Satria, Tiga Terobosan Bidang Kelautan dan Perikanan, 07 Februari 2010 dalam http://m.antaranews.com]

Considering most of the social categories of Indonesian fishermen are fishing workers,[footnoteRef:14] as a major contributor to the national fisheries production quantity. This condition is inversely proportional to the position of their socio-economic life, because in fact the characteristics of traditional fishermen and fishing workers remain marginalized in the process of economic transaction that is unequal and exploitative, so as the producers, fishermen do not get a large share of revenues. [14: Kusnadi, Jaminan Sosial Nelayan, (Yogyakarta : LkiS Publisher, 2007),page.1.]

For that, moving from the context background, law institution that is about to be used as the basis of law should have the capacity as a facilitator of the various responses to the social needs and aspirations. As argued by Nonet and Selznick, the character of such a law would prevent narrowing of the purpose of law. It is not only achieving order and legitimacy, but also the competence to provide substantive justice.[footnoteRef:15] [15: Philippe, Nonet & Philip, Selznick, Law and Society in Transition: Toward Responsive Law, London: Harper and Row Publisher, 1978, page. 12.]

The involvement of the State through the construction regulations in the management and utilization of fish resources has been firmly stated in Law No. 9 of 1985 on Fisheries, as amended by Act No.31 of 2004 and have been revised back through Act No.45 Year 2009 regarding changes to RI Law No.31 of 2004 on Fisheries, but has not been fully able to optimally empower fishermen to overcome the problems of poverty. Many legal loopholes that can cause blurring of meaning becomes increasingly urgent issue given the other provisions that can support these fisheries regulations namely Law 27 of 2007 on Management of Coastal Areas and Small Islands show impartiality of government in responding to the needs of small fishing industry, which is majority controlled by traditional fishing communities and fishing workers. Then this condition should not linger to happen. Thus, attention must be given to the harmonization of the legal regulations in fisheries management, given the socio-economic realities found in the fishing communities of the condition of impoverishment.On the other hand, it is important to avoid the dense domination of the government, and fishermen avoid alienation of their own environment, which has been a "living space" and "space marine cultural construct". In this regard, the regulation of the fisheries should be a communication framework of fishing communities in socio-economic self-reliance that must be considered to the social capital in the community.[footnoteRef:16] [16: Rusydi Syahra, Modal Sosial : Konsep dan Aplikasi, Jurnal Masyarakat Dan Budaya, Vol : V/No.1/2003, Pusat Penelitian Kemasyarakatan dan Kebudayaan Lembaga Ilmu Pengetahuan Indonesia (PMB-LIPI), 2003, page.1.]

B. Problem Identification:Why legal harmonization is needed to achieve wholeness in building law in the context of regulation that aims to empower fishing communities?C. Research Objectives:This study aims to clarify and determine the harmonization of laws as a step to achieving legal purpose of traditional fishermen empowerment.D. Methods:1. Research ApproachAccording to the objective,[footnoteRef:17] this research uses a normative legal research includes a study of the principles of law, the basis of positive law, the law and the systematic study of the level of synchronization of business law and legal discovery suitable in concreto to be applied in order to resolve certain legal issues. Therefore in approaching the problem uses purely juridical approach, which includes the study of law principles for the research to determine the legal structure in fishery regulations. [17: Soerjono Soekanto,Op.Cit,page.51.]

At the end of the normative legal research also includes studies of the standard vertical and horizontal sync then examines the extent to which the law has a positive match. It can be viewed vertically; whether the legislation that applies to a particular area of life does not contradict itself or from the standpoint of the hierarchy of legislation.[footnoteRef:18] [18: Soerjono Soekanto Sri Mamudji, Op.Cit, pages.19-20.]

Furthermore, the approach taken in this research approach involves legislation because some legislations that are still associated with the setting in the field of fisheries have resulted in overlapping arrangement with the provisions of any other law, or even incorrect charge value in the law. Things like this should be explored through research based on positive legal provisions concerning fisheries. Further consideration of conditions, including the policies of the government in the development of the fisheries sector based more on sector approaches that ignore other sectors that are related to the development of the fisheries. As a result, it often leads to conflict of interest and conflict of authority and delivery of legal uncertainty for all parties with an interest in fisheries issues.E. Research Findings and Discussion:Harmonization of Legal Affairs for Fisheries Management of Fisheries ResourcesThe law does not only regulate human relationships, but also human behavior in the use of natural resources. Government, undertaking the 1945 Constitution, implements law in accordance with the respective sectors. Currently, the management of fish resources uses Act 45 of 2009 on the Amendment Act No.31 of 2004 on Fisheries, previously applicable Law No.31 of 2004 on Fisheries as a reference for technical regulations fishery.Basic considerations in the management of fisheries resources that are in the waters sovereignty of the Unitary Republic of Indonesia and the Indonesian Exclusive Economic Zone contains potential sea fish resources as a commercial fish breeding. It is a blessing from God Almighty that is mandated on Pancasila and the Constitution of Republic of Indonesia Year 1945 with respect to bring capacity and sustainability for the greater well-being and prosperity of the people of Indonesia. The benefits of fish resources yet provide improved living standards through sustainable and equitable fisheries management, optimal surveillance and enforcement systems.The law serves to integrate the interests that exist in society. People who live in groups can be classified according to profession, occupation, social culture. For fishing communities, the interests regulated by the Government are the availability of fish resources and the obligation of the Government to improve the welfare of fishing communities.In the context of Indonesia as a country of law, it is a commitment that all activities carried out in the realm of state sovereignty should refer to the applicable law. State law is a state system that is governed by the applicable law with justice that are arranged in a constitution, in which all people in the country, both the governed and the governing, subjected to the same laws, so that everyone is treated equally and each different person is treated differently on the basis of a rational distinction, regardless of color, race, gender, religion, region and trust. Authority of the government is limited by a principle power distribution, so the government does not act arbitrarily and violate people's rights. Hence the people are given roles in a democratically.[footnoteRef:19] [19: Munir Fuady, Teori Negara Hukum Modern (Rechtstaat), (Bandung : PT Refika Aditama Publisher, 2009),page.3.]

This state law is based on Pancasila and the 1945 Constitution with the goal that explicitly lead to the livelihood of the state and the nation prosperous, safe, peaceful and orderly, which in turn is able to provide guarantees for the equality of citizens before the law and ensure the maintenance of relationships harmonious, balanced and harmonious society, also in the context of governance. Understanding of the formulation of the principles of harmony and balance is one of the principles of good governance (general principles of good administration).[footnoteRef:20] [20: Kusnu Goesniadhie, Harmonisasi Hukum : Dalam Perspektif Perundang-undangan : (Lex Specialis Suatu Masalah), (Surabaya : JP Books Press,2006),pages.70-71.]

The principle of balance and harmony as part of efforts to towards the harmonization of law[footnoteRef:21] so as to minimize the incidence of overlap legal norms setting, be able to overcome the limitations that can lead to differences in the formation of the order to the contrary and the discrepancy in the law. This kind of effort is caused by the meaning of law as a conceptual system of rule of law and legal rulings.[footnoteRef:22] [21: Ibid, page.62.] [22: J.J.H Bruggink, Refleksi tentang Hukum (translator Arief Sidharta), (Bandung : Citra Aditya Bakti Publisher, 1999), page.137.]

Commitment to promoting the rule of law should be able to describe the harmonization of the legal regulations in force, the notion of harmonization. As proposed by LM Gandhi,[footnoteRef:23] the harmonization of law is included adjustments to the legislation, the government's decision, the judge's decision, the legal system and general principles of law with the goal of increasing the legal entity, legal certainty, fairness and proportionality, purpose and legal clarity without sacrificing blurring and legal pluralism. Furthermore, reaffirmed by Mohammad Hasan Wargakusumah[footnoteRef:24] pointed out that the National Law Development Agency Department of Justice, giving the sense of harmonization of law, as a scientific activity towards harmonizing the written law refers to both the philosophical, sociological, economical and yiridis values. Assessment of the draft legislation, the various aspects of what has been reflecting alignment and compliance with laws and regulations that other, unwritten laws that exist in the community, conventions and international agreements, both bilateral and multilateral agreements have been ratified by Indonesia. [23: Kusnu Goesniadhie,Op.Cit, page. 71] [24: Moh.Hasan Wargakusumah, Perumusan Harmonisasi Hukum tentang Metodologi Harmonisasi Hukum, (Jakarta : BPHN Departemen Kehakiman Press, 1996/ 1997),page.37.]

Law can be understood as the system to measure of the various elements and the common thread that connects the various elements and the network among these elements build the structure of the system. Thus law as the system[footnoteRef:25] connects good, primary and secondary or intrinsic and instrumental value in establishing a legal structure. This is the meaning of the law as a system of values. So behind the law there is value-laden meaning. The meaning is a characteristic of all the sentences are not unreasonable, and not only from the words in the form of an indicative but also from other forms such as interrogative, imperative or operative, then the meaning is a description of the facts.[footnoteRef:26] [25: Lili Rasjidi-IB Wyasa Putra, Hukum sebagai Suatu Sistem, (Bandung : Mandar Maju Press, 2003), pages 4-5.] [26: Jujun S. Suriasumantri, Ilmu dalam Perspektif, (Jakarta : Yayasan Obor Indonesia & LEKNAS-LIPI Press, 1984), page.78.]

The legal system will be divided into sub-elements of the law include the substance of the external legal order legislation, unwritten law, including customary law and jurisprudence, as well as the internal legal order of the underlying legal principles. Structure of the law regarding institutional agencies or public institutions, as well as Culture Law is included attitudes and behavior of public officials and citizens with regard to the other elements in the process of life. As told by Lawrence M. Friedman[footnoteRef:27] that legal structure is an institution or law enforcement such as the police, prosecutors, judges and lawyers. Legal culture or the culture of the law includes the ideas, attitudes, beliefs, expectations and views about law. And Friedman[footnoteRef:28] see that the law is not worth only discussed in terms of structure and substance, but also in terms of culture. Legal culture is one component of the legal system. For want of a better term, we can call some of these forces the legal culture. It is the element of social attitude and value. The phrase social forces is itself an abstraction; in any event, such forces do not work directly on the legal system . People in society have needs and make demands; these sometimes do and sometimes do not invoke legal process-depending on the culture.[footnoteRef:29] [27: Lawrence M. Friedman, the Legal System A Social Science Perspective, (New York : Russel Sage Foundation, 1975), pages.11-15.] [28: Ibid, pages 11-15.] [29: Loc.Cit.]

A legal system is basically trying to bring the content of the values contained in the rule of law as a goal that must be reached, and the value is the subject of one of the branches of philosophy that is axiology (philosophical value). Value is usually used to refer to an abstract noun that can be interpreted as worth or goodness. Human use values as a foundation, the reason or motivation in everything.In Black's Law Dictionary,[footnoteRef:30] the value is defined as follows: [30: H. C.Black, Blacks Dictionary, St.Paul : West Publishing Co.1990, page.1550.]

"The utility of an object in satisfying, directly or indirectly, the needs or desires of human beings, called by economists in its value, or its worth consisting in the power of purchasing other objects, called value in exchange".According W.Friedmann, the value is "........ ideas concerning the desirable"[footnoteRef:31], so the value is considered as a directive idea, which is something that is driving people towards the fulfillment of his desires. [31: Purnadi Purbacaraka , Renungan tentang Filsafat Hukum, ( Jakarta: Rajawali Press, 1978),page.14.]

Through the theory of knowledge we have come to value theory that is a theory to investigate the process and content of the assessment process that precede, escort, instead of determining all human behavior. Therefore the theory of value as human beings face behaves as its object.[footnoteRef:32] [32: Burhanuddin Salam, Logika Materiil Filsafat Ilmu Pengetahuan, (Jakarta : Rineka Cipta Press, 2003), page.80.]

Value is essentially concerned with the interests of the ideals, desires and expectations that exist in humans, and therefore are relative and subjective or abstract. Subjective value as nature intended values are the reactions given by the men as perpetrators and existence, depending on their experiences.[footnoteRef:33] So thus, the value is the nature or quality of something useful for human life, both physically and spiritually, and used as a basis, reason or motivation to act and behave in society. [33: Louis O. Kattsoff , Pengantar Filsafat , (Yogyakarta : Tiara Wacana Press,1992),page.331.]

These values are then in a way to make it more understandable and useful to the public interest, the value defined in the normative size or concreted in the form of norms. In the context of the law, the law contains values, both primary and secondary values and or the basic values of the law intended as instrumental value, the law was valuable as a means to achieve happiness and justice in society, in addition to objective certainty itself.Based on the ideals of Pancasila as the law and the 1945 Constitution which is the basic concept of the national legal system, that the precepts in the Pancasila as the state is the nation's unity virtue inseparable from each other, and overall roundness, value-laden in them as a single unit capable of determining the value system within the national legal system.[footnoteRef:34] These values can determine the direction, objectives to be achieved, so that values meant to be a matter of life and be able to guidance in dealing with legal issues-even the most basic one that can cover many things including law plan (legislation planning) , the process of law (law making process), law enforcement (law enforcement) and legal awareness (awareness law). In essence, it can be concluded the national legal system to absorb the value system that consists of a number of interrelated values derived from the worldview of the Indonesian nation, so it is a legal system that matches the feeling of the ideals of justice and law, in line with the view of fairness (sense of justice ).[footnoteRef:35] [34: Solly M. Lubis, Hukum Tata Negara, (Bandung : Mandar Maju, 1992),page.9.] [35: Ibid, page.9.]

National legal system is inspired by the spirit of Pancasila and sourced the highest positive law the 1945 Constitution, which is able to ensure the rule of law, order, rule of law and the protection of the law which is based on justice and truth. According to Kelsen,[footnoteRef:36] positive law is arranged in some order, starting from the basic law to the law of the most concrete and individual, they must be rooted in the basic values that contain ethical judgments. This means that the basic values should be included in the basic norms binding arrangement positive norms as a whole, ie the content of values of Pancasila. [36: Hans Kelsen, Teori Hukum Murni : Dasar-Dasar Ilmu Hukum Normatif (translator: Raisul Muttaqien), (Bandung : Nusamedia & Nuansa Press, 2006),pages.120-121.]

Based on the above reason, the basic concept of harmonization of law moves from the mindset of putting Pancasila as the ideal paradigm of law together with the concepts of rule of law and principles of constitutional government based on the mandate of the 1945 Constitution.The role of law in development is very closely related to the characteristics of the legal ability to handle problems in the community, it is a reflection of the characteristics of the type of the Civil Law System, the model used in Indonesia based on a formal setting. Thus the statutory sector becomes more prominent specifically in terms of fisheries regulation. In this case the statutory sector should be able to anticipate the needs in a changing society, so there must be legislation planning that can reach the future (legislative forward planning).[footnoteRef:37] [37: Tri Setyawanta R, Konsep Dasar dan Masalah Pengaturan Pengelolaan Pesisir Terpadu : dalam Lingkup Nasional, (Semarang : Ghradika Bhakti Litiga Press, 2005),page.136.]

The concept of law harmonization of legislation with the perspective is an important factor to develop law in the field of fisheries that the coastal and marine areas and their natural resources is one of Indonesia's most important development assets because this region is supported by the three main components and the backbone of development.[footnoteRef:38] First, the biophysical components; coastal and marine that extends along approximately 81,000 km of coastline and spread to more than 17,000 islands with approximately 5.8 million km including ZEEI territorial waters, has the potential biological resources or abundant and begaram type, and each resource has significant value both in the domestic market especially the international market. Second, the socio-economic component, most of Indonesia's population (approximately 60%) live in coastal areas. This is due to the administrative, most districts / cities located in coastal areas. Third, the components of the socio-political changes in Indonesia political policy (democratization) that directly provides opportunities conducive to the development of marine Indonesia. This opportunities is the birth of Act 32 of 2004 on Regional Government, which further enhanced through Act 12 of 2008 concerning the Second Amendment Act 32 of 2004 on Regional Governance and Law 33 2004 on Financial Balance and the Central Region, and on the other hand with the establishment of institutional and Fisheries Department expected to be the driving forces of development and national fisheries. With the implementation of the Regional Administration Act, the coastal area of capital can exploit the potential natural resources. But unfortunately, it is sometimes less attention to the exploitation of ecological limits and their impact on the surrounding environment.[footnoteRef:39] Given the dynamic coastal areas is a strategic region, not only as a market but also the social market economy as the cultural dynamic strategic areas. Coastal areas have the potential for very large land resources for housing, land, production facilities and transportation services. As a consequence of the dynamics of the coastal areas that could damage the ecosystem, it needs a system of coastal zone management and coastal integrated to be able to accommodate all the interests of human and environmental sustainability. Integrated coastal management is a process of coastal natural resource management and environmental services that integrate the activities of government, business and society, the horizontal and vertical planning, terrestrial and marine ecosystems, science and management, so that the sustainable management of these resources can improve the welfare surrounding communities.[footnoteRef:40] [38: Dietriech G. Bengen, Urgensi Pengelolaan Wilayah Pesisir Secara Terpadu, dalam Menuju Harmonisasi Sistem Hukum sebagai Pilar Pengelolaan Wilayah Pesisir Indonesia, (Jakarta : Kementerian Perencanaan Pembangunan Nasional Badan Perencanaan Pembangunan Nasional-Departemen Kelautan dan Perikanan-Departemen Hukum dan Hak Asasi Manusia bekerja sama dengan Mitra Pesisir / Coastal Resources Management Project, 2005),pages.91-92.] [39: Dyah Marganingrum, Tinjauan Karakteristik Wilayah Pantai Utara dan Pantai Selatan Jawa Barat dalam Rangka Pengelolaan Kawasan Pesisir Terpadu,(Pusat Penelitian Geoteknologi - LIPI) dalam Robert M. Delinom (editor), Sumber Daya Air di Wilayah Pesisir & Pulau-Pulau Kecil di Indonesia , (Jakarta : LIPI Press, 2007),page.50.] [40: Ibid,page.51.]

Indonesia's marine wealth was abundant apparently not able to create welfare of coastal communities. The condition is indeed very ironic for it as a maritime nation with all variety of potential. It should have the rules of proper legislation to optimize natural resources so that it can become a legal umbrella for the problem- problems in the management of coastal areas. It may also play a role in strengthening community participation in the management of coastal resources and ultimately to improve the social, economic and cultural conditions.In fact, the utilization and management of coastal areas in Indonesia will include a range of activities including the most crucial areas of fisheries regulations set out in the legislation sector with each vision and mission. According to a study from the Bill Drafting Team Academic Management of Coastal Areas and Small Islands there are 14 (fourteen) areas of development that directly or indirectly make use of coastal resources. To 14 (fourteen) field is the area of land, mining, industry, transportation, fisheries and conservation of natural resources and the ecosystem, tourism, agriculture, forestry, conservation, zoning, public works, defense, finance and regions.[footnoteRef:41] [41: Tri Setyawanta R, Op.Cit,page.171.]

The international conventions and other legal instruments are generally determined based on a broad pattern because they are generally negotiated and established just to meet the special needs arising at a time. Similarly, general or specific and detailed, they are probably not as something that should and can be accepted at the specified time, so that they do not have the same level in the framework of implementation. Some of these provisions have complete and detailed enough to be implemented immediately, while others require further development by the processes and arrangements nationally.[footnoteRef:42] [42: Tri Setyawanta R, Perkembangan Pengaturan Pengelolaan Pesisir Terpadu : dalam Lingkup Regional dan Internasional, (Semarang : Penerbit Ghradika Bhakti Litiga Press, 2005),page.57.]

Since the United Nations Conference on Environment and Development (UNCED) in 1992, various global and regional agreements or international has included the concept of integrated coastal management (integrated coastal management). The concept has been accepted as a preferred framework (framework of choice) in various international agreements, including on coastal and sea, including the following [footnoteRef:43]: [43: Beliana Cicin Sain, Robert W. Knecht and Gregory W. Fisk, Growth and Capacity in Integrated Coastal Management Since UNCED : An International Perspective, Ocean and Coastal Management, 1996,page.1.]

a. the Framework Convention on Climate Change (FCCC) 1992;b. the Convention on Biological Diversity (CBD) 1992;c. the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA) 1995;d. the Barbados Programme of Action for the Sustainable Development of Small Island Developing States 1994; ande. the International Coral Reef Initiative (ICRI) 1995.Various agreements have provided an important role for integrated coastal management through the implementation of agreements on the conversion and sustainable development in coastal areas. In this case the integrated coastal management (integrated coastal zone management) has an important role as it aims at the level to achieve sustainable development by improving social and economic well-being of coastal communities.In a macro perspective, the management of natural resources is based on the 1945 Constitution Article 33 paragraph (3) extensively under the authority of the central government. In the legal context of the macro explained that the land, water and natural resources contained within it are managed by the state and are intended for the welfare of the people. The implementation of regulations concerning the management of natural resources is indeed for this still vague that almost all natural resource managements tend to be centralized. Consequently, in addition to ignoring the interests of the local community empowerment, it can also have an impact on a variety of natural resource degradation.[footnoteRef:44] [44: Akhmad Fauzi, Kebijakan Perikanan dan Kelautan : Isu, Sintesis dan Gagasan, (Jakarta : PT Gramedia Pustaka Utama, 2005),pages 49-50.]

Analysis of integrated coastal management related to regional development, use conflicts and the interplay of natural processes with human activities,[footnoteRef:45] for the existence of building regulations in the management of coastal areas must be seen in 3 (three) major consideration as its legal basis: [45: Tri Setyawanta R, Op.Cit, page.58.]

First, Article 33 paragraph (3) of Constitution of Indonesia Year 1945, stated: "The earth, water and the natural riches contained therein shall be controlled by the state and used for the welfare of the people". Based on the mandate of the Constitution State RI In 1945, coastal management aimed to improve people's welfare and other economic activities, which aim to empower local communities and expand employment.Second, MPR Decree No.. IV / MPR / 1999 on the Broad Outlines of State Policy Guidelines (Guidelines) for the 1999-2004, particularly Chapter IV (Policy Direction) in the H (Natural Resources and Environment) at number 4, stated that: "Utilizing the resources natural for the greatest prosperity of the people with respect to preservation of the function and balance of the environment, sustainable development, economic and cultural interests of local communities, as well as the spatial effort is regulated by law ".Third, Act 25 of 2000 on National Development Program (Propenas) Year 2000-2004, in particular Chapter X (Development of Natural Resources and Environment) in figure 4 (Institutional Setup Program and Law Enforcement Management and Conservation of Natural Resources Environment), that expressed in one sentence, which reads: "The main activity is (1) Development Act Natural Resource Management following the rules".The legal basis of fishing activities previously regulated by Act 9 of 1985 was replaced by Act No.31 of 2004 on Fisheries, that in light of the Law No.31 of 2004 on Fisheries is not fully able to anticipate technological developments and legal needs in the management and utilization of fish resources and it can not answer the problem. Therefore it is necessary to amend some substance, either in relation to aspects of management, bureaucracy or legal aspects. And for that, Law No.31 of 2004 on Fisheries is revised by Act 45 of 2009 on the Amendment Act No.31 of 2004 on Fisheries.The provisions in force concerning fisheries previously include:[footnoteRef:46] [46: Tommy H. Purwaka, Tinjauan dan Analisis Peraturan Perundang-undangan Perikanan Tangkap, dalam Kementerian Perencanaan Pembangunan Nasional Badan Perencanaan Pembangunan Nasional-Departemen Kelautan dan Perikanan-Departemen Hukum dan Hak Asasi Manusia berkerja sama dengan Mitra Pesisir/ Coastal Resources Management Project, Op.Cit, pages.312-313. ]

1. The provisions of fisheries in Territoriale Zee en Maritieme Kringen Ordinance (Government Gazette 442 of 1939);2. Algemeene regelen visschen naar het voor Parelschelpen, Parelsmoerschelpen, Sea Cucumber Sponsen binnen en niet meer van de afstand and van de drie Engeischezeemijlen Kusten van Netherlands Indies (State Gazette Year 1916 No.157);3. Algemeene Regeling binnen het voor de Vissecherij zeegebied van Netherlands Indies (Government Gazette 144 of 1927);4. Algemeene regelen op voor de jacht walvisschen binnen drie van den afstad zeemijlen van de Kusten van Netherlands Indies (Government Gazette 145 of 1927);5. Ter Bepalingen Visscherij Bescherming Vischsstand van den (State Gazette Year 1920 396).Overall rules after 1957 are still in effect until the enactment of Act 9 of 1985 on Fisheries. So it can be affirmed in this case that although Indonesia has proclaimed Archipelago (archipelagic state principle) since 1957, setting a new national fishery began in 1985. The main legal basis of fishing activities is Law No.31 of 2004 on Fisheries, which then updated through Act 45 of 2009 on the Amendment Act No.31 of 2004 on Fisheries. Implementing the provisions of Act 45 of 2009, in the framework of regulation of fishing activities, it does not stand alone, but associated with other laws such as the 1945 Constitution, Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone ( ZEEI), Law No.17 of 1985 [footnoteRef:47]on Ratification of the Convention on the Law of the Sea (Ratification of the United Nations Convention on the Law of the Sea 1982), Law No. 5 of 1990 on Conservation of Natural Resources and Ecosystem, Act 17 of 2008 on Shipping, Law 26 of 2007 on Spatial Planning, Law 4 of 1960, as amended by Law 1996 on Main 6 waters of Indonesia, Law No. .32 In 2009, the repeal of Law 23 of 1997 on the Protection and Environmental Management, Law 32 of 2004 on Regional Governance and Law 27 of 2007 on Management of Coastal Areas and Small Islands . [47: Ibid, page.312.]

Fisheries Act does not provide places for fishermen to protect small businesses, fishermen, laborers and small fish industries. The government, through its legal products has been providing a wide for large industrial-scale fisheries in order to penetrate the fishery to fishery resources relating potential for all kinds of fish. Government intervention in the form of regulatory management and exploitation of fish resources referred to Act 9 of 1985 on Fisheries, as amended by Act No.31 of 2004, is not able to optimally empower fishermen to tackle the problem of poverty. In fact what happens is that fishermen are marginalized as mere objects settings. This in turn affects the level of participation of fishing communities, and will further reduce the independence and the initiative to self-help. If the regulations are set-oriented for development purposes in favor of the individual capitalist philosophy, it will remain difficult for fishermen to break away from the cycle of poverty. There are many examples of difficulties for fishermen to access the coastal areas. Meanwhile, the owners of capital are given the power to more freely use resources in the region though the region is closely related coastal ecosystems, especially marine fisheries.[footnoteRef:48] [48: Garuda Wiko, Rekonstruksi Regulasi Pengelolaan dan Pemanfaatan Sumberdaya Kelautan : Suatu Analisis Socio-Legal terhadap Peraturan Sektor Perikanan di Kalimantan Barat, (Disertation ; PDIH Undip, 2006),page.2.]

Article 6 paragraph 2 of Law No.31 of 2004 on Fisheries states that fisheries management for the purposes of fishing and aquaculture should consider customary law and / or local knowledge as well as considering the role of the community. Article is intended for administrators that in organizing, management and regulation, the existence of local communities with wisdom still get recognition. This article shows that the existence of indigenous / local is not seen in isolation from the natural resources / fish in its territory.For Indigenous people in some places, local knowledge is still preserved at the local community view of the surrounding nature as something sacred, and it must be maintained in order not to cause a disaster. In addition there are also the values that teach how humans should preserve the natural environment such as fishing with a concept that does not damage the ecosystem and take enough for the necessities of life. Such a society does not exploit nature. Carrying capacity levels are still higher than the damage caused by human activities because they see themselves as part of nature. Local wisdom is still alive in some places. For that, the government in the management of fish resources as stipulated in Article 6 of Law No.31 of 2004, shall take into account and consider customary law and / or local knowledge as well as considering the role of the community, for example the Central Maluku impose "Sasi" ie prohibition to take and exploit fish resources in a given period (3-12 months). Local wisdom in the example "Sasi" can be interpreted to give the fish to grow and multiply so that fish populations will not be depleted.The issue of environmental management ultimately must be considered so that the Fisheries Act should be aligned with the Act No.32 of 2009 because the protection and management of the environment are systematic and integrated efforts that are made to preserve the environment and prevent pollution and / or damage environment including planning, utilization, control, maintenance, monitoring and enforcement. Government Regulation No.60 of 2007 on Conservation of Fish Resources stating the conservation of fish resources is the protection, preservation and utilization of fish resources, including ecosystem types and genetics to ensure the existence, availability and continuity while maintaining and improving quality and diversity of fish resources.The absence of normative regulation that expressly protect small fishermen, fishing workers and small fish industries through the Fisheries Act is ultimately a phase disregard for the basic principles in the management of coastal areas and seas in an integrated way. One of the principles should exist for the integrated coastal zone management achievement and the principle of management of coastal resources have traditionally cherished[footnoteRef:49] so on other aspects of existence Fisheries Act no longer a conformity, harmony, balance by Act 27 of 2007 on the Management of Coastal and Island- Based Small island sustainability; consistency; integration; legal certainty; partnerships; equity; public participation; openness; decentralization; accountability and justice. [49: Rokhmin Dahuri - Jacub Rais-Sapta Putra Ginting-MJ Sitepu, Pengelolaan Sumber Daya Wilayah Pesisir dan Lautan Secara Terpadu, (Jakarta : Penerbit PT Pradnya Paramita, 2001), page.171.]

This condition becomes worse when the issue of protection against small fishing or fishermen traditionally associated with implementing the provisions of the Fisheries Act regulation 5 of 2008 on Business fisheries far from the effort for the traditional fishermen and coastal communities welfare who depend lives in the sea by moving the populist economic model that excessive concessions to the owners of capital is not the right ladder for empowering communities. Through its positive law in particular Article 74 of Regulation 5 of 2008 the Minister clearly said that the management of fisheries will be conducted in cluster (read: concessions) with the restriction of the coordinates, fishing areas. This means that fisheries management will increasingly be limited and small fishermen who generally do not have permission in the region, will be eliminated, resulting in the seizure of fish resources between small fishermen and large employers in the coastal region and it will potentially disturb sense of fishermen justice. This condition is becoming increasingly problematic, considering that security through surveillance and law enforcement in the sea area is optimized so far not ruled out the occurrence of over-exploitation of fisheries resources without taking heed of environmental sustainability, it is becoming disharmony arrangement with Law 32 of 2009 on the management of fishery resources. Fishery law holds to regulate legal relations among stakeholders in the fishery resource that exists because of the needs of coastal communities and / or market demand.[footnoteRef:50] Stakeholder fishery consists of government, private and public. The government acts as a facilitator and regulator to provide services to the private and public sectors in order to exploit fisheries resources in order to fulfill their needs as well as market demand. In this case, the government fisheries resource management in order to provide for the utilization of fisheries resources undertaken by the private sector and the community on an ongoing basis, whether individuals or legal institutions. [50: Tommy H. Purwaka, Tinjauan dan Analisis Peraturan Perundang-undangan Perikanan Tangkap, dalam Kementerian Perencanaan Pembangunan Nasional Badan Perencanaan Pembangunan Nasional-Departemen Kelautan dan Perikanan-Departemen Hukum dan Hak Asasi Manusia berkerja sama dengan Mitra Pesisir/ Coastal Resources Management Project, Op.Cit, pages.324-325.]

As noted above that the development of the marine sector can not be released also from the meaning of Law 4 of 1960, which was amended by Act 6 of 1996 on Indonesian Waters conjunction Basic Law No.17 of 1985 Ratification of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. In the legislation that established the concept of the Archipelago became the basis for the delineation of national territorial waters of Indonesia. With the consideration that the geographical form of Indonesia as an archipelago it should be a unified whole. In accordance with the concept of insight archipelago, the Indonesian territorial waters in the territorial sea is 12 nautical miles wide the outline is measured from the base line (base line) that connects the outer base points (base points) of the outer islands in the Indonesian archipelago. In addition, the Act No.1 of 1973 on the Continental Shelf, established also the authority to manage the bottom waters along with all the natural resources contained therein to a depth of 200 meters above sea level. Meanwhile, through Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone (ZEEI), Indonesia establish its sovereignty to manage EEZ waters and EEZ waters is a sea lane that borders the sea areas in Indonesia with the outer limit is 200 nautical miles, measured from baselines Indonesian territorial waters. In this EEZ waters, Indonesia has the exclusive right to conduct exploration and exploitation, and management of natural conservative resources and non-biological contained therein. But if Indonesia is not able to use it, then other countries have the right to use it to the threshold of sustainable and permits granted.In the field of environmental management of coastal areas, the development of legislation began to appear after the enactment of Law No.32 of 2009 on the Protection and Management of the Environment, the law has been repealed by Act No.23 of 1997 on the Fundamentals Environmental Management, the utilization of environmental resources in a sustainable, ecosystem maintenance and control of the impact of development on the environment and human life stipulated in this law. Through this law also, has hinted at the need for an Environmental Impact Assessment (EIA), which was developed in 1982 through the Government Regulation No.51 of 1993, environmental impact assessment activities are arranged and given the force of law. Development in coastal areas and oceans requires an environmental impact assessment as part of the planning process before construction activities are carried out.In addition, the presence of Law No. 5 of 1990 on Conservation of Natural Resources and Ecosystems set in the context of natural resource utilization policies are sustainable in accordance with Act 32 of 2009. Act stipulates the need conservation of all natural resources and related ecosystems and the use of environmentally sound. And one should also note, Act 26 of 2007 on Spatial Planning that govern the management of all living land, sea and running air spaces, including spaces in the earth as a whole region, where humans and other living creatures, engage and maintain survival. This law is very important in the management of coastal and marine areas. Their presence will be associated with Act 27 of 2007 on Management of Coastal Areas and Small Islands and has a variety of natural resource potential is high. It is important for social development, economics, culture, and environment that it is necessary to manage in a sustainable and global perspective to take into account the aspirations and community participation.[footnoteRef:51] [51: Rokhmin Dahuri -Jacub Rais-Sapta Putra Ginting-MJ Sitepu, Op.Cit, page.143.]

F. Conclusions and Recommendations:1. Conclusion:a. Harmonization of law leads an attempt to achieve harmony, conformity, balance of existing legal norms as the legal system in a single framework of national legal systems. Normative legal provisions in the management have not been fully able to anticipate technological developments and the needs of law in the management and utilization of fish resources and have not been able to answer these problems. So it needs to be a change of some substance, concerning aspects of management, bureaucracy and legal aspects.b. Fisheries Acts do not provide places for fishermen to protect small businesses, laborers and small fish industries. The government, through its legal products has been providing a wide for large industrial-scale fisheries to penetrate the fishery to fishery resources relating potential for all kinds of fish. State intervention in the form of regulatory management and exploitation of fish resources referred to Act 9 of 1985 on Fisheries, as amended by Act No. 31, 2004, has not been able to optimally empower fishermen to tackle the problem of poverty. In fact, fishermen are still marginalized and are mere objects settings.2. Recommendations:a. There must be a political will by the Government to establish a legal political development of fishery resource management through an integrated development approach. In this context, the integration contains a dimension sector, a field of science and ecological relevance, resulting in a legal setting which is not possible a formation of legislation to overlap invitations, or birth anomalies arrangements in fisheries;b. A legislation plan, forming legislation must be based on the ideals of law (Rechtsidee) Pancasila, because it is a construction of mind which is a direct obligation to the law to the ideals of the public wants. The law without Rechtsidee will run without meaning. Reflecting the ideal of law in favor of the interests of the small fishing / fishermen and fishing labor and small fish industries is to build socio-economic welfare of fishing communities.

A. Bibliography :Bruggink, J.H, 1999, Refleksi tentang Hukum (alih bahasa Arief Sidharta), Citra Aditya Bakti, Bandung.Darmodiharjo, Darji & Sidharta, 1996, Penjabaran Nilai-Nilai Pancasila dalam Sistem Hukum Indonesia, Raja Grafindo Persada, Jakarta.Denzin, Norman K - Lincoln, Yvonna S, 1997, Handbook of Qualitative Research, Sage Publications, London.Dahuri, Rokhmin-Rais, Jacob Ginting, Sapta Putra - Sitepu, MJ, 2001, Pengelolaan Sumber Daya Wilayah Pesisir dan Lautan Secara Terpadu, Penerbit PT Pradnya Paramita, Jakarta.Dahuri, Rokhmin, 2004, Perjuangan Anak Nelayan : Membangun Kelautan dan Perikanan, Bening, Jakarta.Delinom, Robert M (editor), 2007, Sumber Daya Air di Wilayah Pesisir & Pulau-Pulau Kecil di Indonesia , LIPI, Jakarta.Friedman, Lawrence M, 1975, The Legal System A Social Science Perspective, Russel Sage Foundation, New York.Friedmann, W, 1967, Legal Theory, Columbia University Press, New York.Fauzi,Akhmad, 2005, Kebijakan Perikanan dan Kelautan : Isu, Sintesis dan Gagasan, PT Gramedia Pustaka Utama, Jakarta.Fuady, Munir, 2009, Teori Negara Hukum Modern (Rechtstaat), PT Refika Aditama, Bandung.Garner, Bryan A, 1999, Blacks Law Dictionary, West Group, ST Paul, Minn.Goesniadhie, Kusnu, 2006, Harmonisasi Hukum : Dalam Perspektif Perundang-undangan : (Lex Specialis Suatu Masalah), JP Books, Surabaya.Hart, HLA, 1972, The Concept of Law, the English Language Book Society and Oxford University Press.Hartono, Sunarjati, 1994, Penelitian Hukum Di Indonesia Pada Akhir Abad Ke-20, Alumni, Bandung.Huijbers, Theo, 1993, Filsafat Hukum dalam Lintasan Sejarah, Kanisius, Yogyakarta. ______________, 1995, Filsafat Hukum, Kanisius, Yogyakarta. Kattsoff, Louis O, 1992, Pengantar Filsafat , Tiara Wacana, Yogyakarta.Kuhn, Thomas S, 1993, Peran Paradigma Dalam Revolusi Sains (penerjemah Tjun Surjaman), Rosdakarya, Bandung.Kusnadi, 2000, Nelayan Strategi Adaptasi dan Jaringan Sosial, LKiS, Yogyakarta. ______, 2003, Akar Kemiskinan Nelayan, LkiS, Yogyakarta.______, 2007, Konflik Sosial Nelayan : Kemiskinan dan Perebutan Sumber Daya Alam, LKiS, Yogyakarta. ______, 2007, Jaminan Sosial Nelayan, LKiS, Yogyakarta.

Kementerian Perencanaan Pembangunan Nasional Badan Perencanaan Pembangunan Nasional-Departemen Kelautan dan Perikanan-Departemen Hukum dan Hak Asasi Manusia berkerja sama dengan Mitra Pesisir/ Coastal Resources Management Project, 2005, Pengelolaan Wilayah Pesisir Indonesia Buku Narasi : Menuju Harmonisasi Sistem Hukum Sebagai Pilar Pengelolaan Wilayah Pesisir Indonesia, Jakarta.Kelsen, Hans, 2006, Teori Hukum Murni : Dasar-Dasar Ilmu Hukum Normatif (penerjemah Raisul Muttaqien), Nusamedia & Nuansa, Bandung.Mubyarto-Soetrisno, Loekman Dove, Michael, 1984, Nelayan dan Kemiskinan : Studi Ekonomi Antropologi di Dua Desa Pantai, CV Rajawali, Jakarta.Mulyadi,2007, Ekonomi Kelautan, PT RajaGrafindo Persada, Jakarta.Nonet, Philippe & Selznick, Philip, 1978, Law and Society in Transition: Toward Responsive Law, Harper and Row Publisher, London.Prijono, Onny S Pranarka, A.M.W. (penyunting), 1996, Pemberdayaan : Konsep, Kebijakan dan Implementasi, CSIS, Jakarta.Rasjidi, Lili- Putra, IB Wyasa, 2003, Hukum sebagai Suatu Sistem, Mandar Maju, Bandung.Rahardjo, Satjipto, 2000, Ilmu Hukum, Alumni, Bandung._______________, 2009, Sosiologi Hukum Perkembangan Metode dan Pilihan Masalah, Genta Press, Yogyakarta._______________, 2010, Sosiologi Hukum:Esai-Esai Terpilih, Genta Press, Yogyakarta.Soekanto, Soerjono Mamudji, Sri, 1986, Penelitian Hukum Normatif : Suatu Tinjauan Singkat, Rajawali, Jakarta.Soekanto, Soerjono, 1984, Pengantar Penelitian Hukum, UI Press, Jakarta.Soemitro, Ronny Hanitijo, 1984, Masalah-Masalah Sosiologi Hukum, Sinar Baru, Bandung._____________________, 1990, Metodologi Penelitian Hukum dan Jurimetri, Ghalia Indonesia, Yakarta.Sidharta, B. Arief, 1999, Refleksi tentang Struktur Ilmu Hukum, Mandar Maju, Bandung._______________, 2000, Praktisi Hukum dan Perkembcngan Hukum, dalam Kumpulan Karya Ilmiah Menyambut 70 Tahun Prof.Dr.Satjipto Rahardjo, SH : Wajah Hukum Di Era Reformasi, PT Citra Aditya Bakti, Bandung._______________, 2007, Meuwissen tentang Pengembanan Hukum, Ilmu Hukum, Teori Hukum, dan Filsafat Hukum (terjemahan Sidharta), Refika Aditama, Bandung._______________, 2006, Hukum dan Logika : Essays in Legal and Moral Philosophy, (terjemahan Sidharta), Alumni, Bandung.Semedi, Pujo, 2003, Close to The Stone, Far From The Throne : The Story of A Javanese Fishing Community 1820s-1990s, Benang Merah, Yogyakarta.Setyawanta R, Tri, 2005, Konsep Dasar Dan Masalah Pengaturan Pengelolaan Pesisir Terpadu : Dalam Lingkup Nasional, Ghradika Bhakti Litiga Press, Semarang._______________, 2005, Perkembangan Pengaturan Pengelolaan Pesisir Terpadu : dalam Lingkup Regional dan Internasional, Ghradika Bhakti Litiga Press, Semarang.Siswanto, Budi, 2008, Kemiskinan dan Perlawanan Kaum Nelayan, Laksbang Mediatama, Jakarta.Sumodiningrat, Gunawan, 2009, Mewujudkan Kesejahteraan Bangsa Menanggulangi Kemiskinan dengan Prinsip Pemberdayaan Masyarakat, PT Elex Media Komputindo,Jakarta.

Warassih, Esmi, 2005, Pranata Hukum Sebuah Telaah Sosiologis, Suryandaru Utama, Semarang.Wiko, Garuda, 2006, Rekonstruksi Regulasi Pengelolaan dan Pemanfaatan Sumberdaya Kelautan : Suatu Analisis Sosio-Legal terhadap Peraturan Sektor Perikanan di Kalimantan Barat, Disertasi ; PDIH Undip, Semarang.Makalah-Makalah :Badan Penelitian & Pengembangan Kesejahteraan Sosial Departemen Sosial-Pusat Antar Universitas-Studi Sosial UGM, Laporan Penelitian Masalah Kemiskinan Nelayan, 1997-1998.Arif Satria, Tiga Terobosan Bidang Kelautan dan Perikanan, 07 Februari 2010 dalam http://m.antaranews.com.Tim Penyusun Buku 50 Tahun Fakultas Hukum UNDIP, Kapita Selekta Hukum : Menyambut Dies Natalis Ke-50 Fakultas Hukum UNDIP, (Semarang, Penerbit FH UNDIP, 2007).

Encep Carmana, Teknis Pengawasan Sumberdaya Kelautan dan Perikanan bagi Pokmaswas, (Pemerintah Provinsi Jawa Barat Dinas Perikanan : Makalah Pelatihan/ Pembinaan Pemantapan Pokmaswas di 11 Kabupaten/ Kota Jawa Barat, 2004.

Esmi Warassih Pujirahayu , Pemberdayaan Masyarakat dalam Mewujudkan Tujuan Hukum (Proses Penegkan Hukum Dan Persoalan Keadilan), Pidato Pengukuhan Guru Besar Madya Dalam ilmu Hukum, FH Undip Semarang, 14 April 2001.