Irsyan Hasyim, Jakarta – The Indonesian ocean, which stretches as one of the largest maritime riches in the world, is now considered to be facing serious problems with the emergence of cases of building sea fences based on Building Use Rights (HGB).
Dean of the Faculty of Fisheries and Marine Sciences, Airlangga University (Unair) Muhammad Amin Alamsjah said, from a maritime perspective, the action of installing HGB sea fences not only harms social justice, but also has the potential to damage the ecological and economic order of coastal communities.
Amin said this action contradicts Article 33 Paragraph 3 of the 1945 Constitution. "The land and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. This means that sea areas cannot be owned privately or by companies," said Amin in a written statement, Monday, January 27, 2025.
Ecosystem threatened, fishermen affected
Amin said the construction of this sea fence not only violates constitutional principles, but also risks causing damage to the aquatic ecosystem. According to him, restrictions on sea fences can accelerate sedimentation, reduce the carrying capacity of water areas and damage nursery grounds.
"The long-term impact is that it damages the nursery ground of fish seeds and threatens the habitat of marine biota such as coral reefs and seagrass beds," he said.
Fishermen who depend on marine resources for their daily livelihoods also face serious threats. With limited access due to sea fences, they must find new areas to go to sea, which are often far from home and require higher operational costs.
"Coastal areas that are a source of livelihood for traditional fishermen can be degraded. As a result, fisheries productivity decreases and people's livelihoods are disrupted," he said.
Conflict of interest in the maritime zone
Amin said that Indonesia has internationally recognized maritime boundaries, ranging from territorial waters to the Exclusive Economic Zone (EEZ). According to him, privatization actions like this create conflicts of interest that conflict with the function of the sea as a unifying medium for the nation and a supporter of collective community welfare.
"Sea areas must be utilized for the common good, not for the benefit of a handful of parties. When its management violates the law or harms the wider community, the state has the authority to cancel the policy," he said.
Returning the sea for all
The HGB sea fence case, Amin said, is a reminder that the sea is not just a physical space, but also a source of life for millions of Indonesians. He emphasized that violations of the maritime order must be stopped.
"If the construction of the HGB sea fence violates the law and harms the people, then the state is obliged to take firm action to cancel it," he said.
In the future, Amin said, marine protection must be a national priority. "As a maritime country, Indonesia has a great responsibility to ensure that the ocean remains a blessing for all its people, not just the property of a handful of parties," he said.