Harmonization of regulation in water territorial management becoming a fair economic benefit distribution towards regional autonomy

¹ Department of Administrative law, Faculty of Law, Jenderal Soedirman University, Purwokerto - Indonesia
² Department of Criminal law, Faculty of Law, Jenderal Soedirman University, Purwokerto - Indonesia
³ Department of Procedural law, Faculty of Law, Jenderal Soedirman University, Purwokerto - Indonesia
⁴ Faculty of Law, Pekalongan University, Pekalongan - Indonesia

^* Corresponding author ; tedi.unsoed@gmail.com

Abstract

The extent of Indonesian territorial waters along with its natural wealth inside brings economic benefit, yet on the other side it invites problems. Especially with the existence of regional autonomy, the competition to obtain the economic benefit causes fiercer competition between regions. The competition causes the division emergence of marine areas which implicates towards the fate of fishermen. This relates to their catchment area, imposition of income tax, and technical restriction on fishing. This research used normative approach by emphasizing the comparative study of water territorial arrangement in various regions. Based on the research, in autonomy region which has marine water, they regulate the object very detail and there are some which exploit their area. The detailed and thorough regulation with its practice sometimes cause the territorial waters dispute among the regions. It causes a confusion for the government or fishermen in obtaining the economic benefit of their own water. Hence, in level of regulation, it needs a legal harmonization between autonomy regions in utilization of water territorial. In practical level it often needs coordination to create fair economic benefit for the stakeholders.