Protection of Traditional Fishermen in The Granting of Fishery Licenses in Indonesia

¹ Faculty of Law, Diponegoro University, Prof. H. Soedarto SH street, Semarang 50275 Indonesia
² Center For Administrative Law Studies, Diponegoro University, Prof. H. Soedarto SH street, Semarang 50275 Indonesia
³ Departement of Library Science, Diponegoro University, Prof. H. Soedarto SH street, Semarang 50275 Indonesia
⁴ Department of Aquaculture, Faculty of Fisheries and Marine Science, Diponegoro University, Prof. H. Soedarto SH street, Semarang 50275, Indonesia

^* Corresponding author: azharundip@gmail.com

Abstract

The granting of fishing licenses for large vessels is very detrimental to the existence of small fishermen. Small fishermen or so-called traditional fishermen are powerless to face the dominance of fishing pens and licenses by large boats. This study aims to determine the rare step in providing protection to traditional Indonesian fishermen on the granting of fishing licenses for large companies in Indonesia. This research is an empirical juridical research using statutory uproach approach, conceptual aproach, and comparative approach. Then analyzed using synthesis analysis. The results show that traditional fishermen tend not to have adequate legal protection in terms of fishing in Indonesian waters. Traditional fishermen tend to be allowed to compete with large vessels that have licenses to catch fish in the Indonesian territory. The granting of fishing licenses is not accompanied by certain obligations associated with traditional fishermen protection. If observed, the permit should have a fishing license charging certain liability obligations for the permit holder.