Logo
International Journal of
Law
ARCHIVES
VOL. 8, ISSUE 4 (2022)
Implementation of the authority of traditional institutions in resolving FAD disputes
Authors
Zery Irfan, Eddy Purnama, Mohd. Din
Abstract
The marine wealth of Aceh Province is abundant, the provincial and district/city governments are to maximize the marine wealth for the interests and welfare of the Acehnese fishing communities. The involvement of the Adat Panglima Laot Institution to maintain, order and enforce the customary law of laot in Aceh Province. The legal basis for the commander of the sea is Article 98, Article 99 and Article 162 Paragraph (2) letter “e” of Law Number 11 of 2006 concerning the Government of Aceh. Regarding fishing using FADs, it is regulated in the Minister of Maritime Affairs and Fisheries Regulation Number 18 of 2021. However, fishermen who do not have permits (illegal) place FADs in the waters of Aceh Province. This study aims to find out and explain how the form of dispute resolution between fishermen by the customary institution of the sea commander, whether the sea commander has the authority to resolve disputes between FADs that do not have permits, and what causes fishermen to place FADs illegally. The research method uses empirical juridical. This scientific research uses the interview method through informants and respondents. Data collection itself by taking notes and recording during interviews, for qualitative analysis of the data itself. The results of the study show that the sea commander has the authority to resolve maritime disputes which are the authority of the sea commander as regulated inArticle 18B Paragraphs (1) and (2) and Article 28I Paragraph (3) of the 1945 Constitution in conjunction with Article 98 paragraphs (1), (2), (3) letters i to (4) in conjunction with Article 162 letter e of Law Number 11 Year 2006 Aceh Government and Qanun Number 10 of 2008 concerning Customary Institutions. the sea commander does not have the authority to resolve disputes over fishermen regarding the placement of rumon that do not have a permit because it is regulated in PPMK Number 18 of 2021 regarding the placement of rumpong, and the factors that cause fishermen to place do not have permits due to supervision that is not carried out every day by the government and the absence of socialization regarding the rules for fishing using FADs so far.
Download
Pages:215-222
How to cite this article:
Zery Irfan, Eddy Purnama, Mohd. Din "Implementation of the authority of traditional institutions in resolving FAD disputes". International Journal of Law, Vol 8, Issue 4, 2022, Pages 215-222
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.