Sea Fencing : Definition, Impact, And Legal Aspects

Sea Fencing: Definition, Impact, and Legal Aspects

By: Guruh Sugeng M., SE, MH
January 26, 2025, Kompasiana

What is Sea Fencing?

Sea fencing refers to physical barriers or fences built in marine or coastal areas by individuals or specific groups. These fences are often made of bamboo, concrete, or other materials and are intended to restrict access to certain waters for personal purposes, such as fishing or other private activities.

However, the practice of installing sea fences has become controversial because marine areas are public spaces governed by the state. When done improperly, this practice can negatively impact the environment, communities, and economic activities, particularly for traditional fishermen who rely on open access to the sea for their livelihoods.

Why is Sea Fencing Prohibited?

1. Contradicts Public Rights
   Marine and coastal areas are public spaces regulated by the state. According to Law No. 27 of 2007 on Coastal Area and Small Island Management, the management of coastal areas must prioritize public interests rather than individual or group interests.
2. Violates Environmental Regulations
   Installing sea fences can damage ecosystems, disrupt marine habitats, and block fish migration routes. This violates Law No. 32 of 2009 on Environmental Protection and Management.
3. Obstructs Sea Transportation Routes
   Sea fences often block transportation routes used by fishermen and other vessels, posing risks to navigation safety. This violates Law No. 17 of 2008 on Shipping.

What Laws Are Violated?

Incidents involving sea fencing, such as those in Tangerang, may breach several provisions in Law No. 27 of 2007, including:

• Article 7 Paragraph (1):
  Coastal and small island areas are managed by the state and must be allocated for public benefit. Sea fencing that limits public access contradicts this principle.
• Article 35:
  Prohibits activities that damage marine ecosystems, such as coral reefs, mangroves, and seagrass beds, or activities inconsistent with coastal management plans.
• Article 73 Paragraph (1):
  All resource utilization in coastal areas must have a location permit and management permit from the government. Violations are punishable by imprisonment of 2--10 years and fines of IDR 2--10 billion.
• Article 36 Paragraph (1):
  Coastal communities have the right to free access to coastal areas unless designated otherwise by the government.
• Article 75 Paragraph (1):
  Activities causing ecosystem damage without permits are subject to criminal penalties, including imprisonment of up to 6 months or fines of up to IDR 300 million.

Social and Environmental Impacts

1. Marine Ecosystem Damage
   Sea fences disrupt fish migration paths and destroy marine habitats, such as mangroves and coral reefs.
2. Restricts Fishermen's Access
   Small-scale fishermen dependent on open-access marine areas are often adversely affected by restricted access due to sea fences.
3. Triggers Social Conflicts
   Restricting public access often leads to conflicts in coastal communities, as marine areas are viewed as common property.

Solutions to Address Sea Fencing

1. Education and Legal Awareness
   The government should increase public awareness about the importance of protecting marine environments and adhering to legal regulations.
2. Strict Law Enforcement
   Firm actions must be taken against violators to safeguard public rights and environmental sustainability.
3. Community-Based Management
   Encourage community-based coastal area management with official permits, such as establishing conservation zones or ecotourism areas.

Conclusion