Integrated Marine Spatial Planning

Regional Marine Spatial Planning Model Based on Integrated Coastal Management as a Reference for Preparing Marine Spatial Planning in Archipelagic Regions

          

 

Background of Thought

As an archipelagic nation like Indonesia, marine areas have a very important function, meaning, significance, and role in relation to how marine areas and the resources contained therein can be managed properly, efficiently, and sustainably in line with national development goals. Awareness of the responsibility for managing marine areas is based on the fact that the potential of marine and coastal resources is a potential national asset for regional development and also contains various significant problems.[1].

In order to utilize the value and benefits of marine and coastal resources for the sustainable development of the national region and to guarantee the public interest in general (public interest), then the management of marine areas is the most important part which aims to ensure that marine areas and all the natural resources contained therein can be managed and utilized optimally.[2]

In line with the demands for regional autonomy where regions are given authority in managing marine resources, it demands regulations regarding limitations in relation to the regulation of regional sea boundaries which are the boundaries of the management area for the region. Regulation of the boundaries of the marine management area for the region is a legal consequence as referred to in the provisions of Article 18 paragraph (1) and paragraph (3) of Law Number 32 of 2004.

The existence of regional authority up to the specified limits emphasizes the regulation of administrative boundaries of regional authority in managing marine areas. The aforementioned regulations regarding regional authority in managing marine resources adhere to a territorial division system that, if not properly studied, can result in forms of territorial division by regions, resulting in conflicts in maritime areas.

In addition, regional authority in managing marine areas as a consequence of decentralization in the maritime sector, if not carefully considered, will have an impact on the division of marine areas by regions. This reality is further exacerbated by the fact that the regulation of marine boundaries for regions (Provinces and Regencies/Cities) which is an implementation of Law Number 32 of 2004, as referred to in Article 18 paragraph (1) and paragraph (3) has not been completed. [3] This has an impact on areas with island characteristics as a consequence of the spread of islands.

Handling various issues and problems in the management of marine areas is an important aspect in relation to the regulation of boundaries for management areas and spatial utilization in marine areas which until now do not have complete legal certainty.

 Furthermore, another contributing factor is the current sectoral and land-based planning and implementation of marine and coastal resource development, which has impacted spatial planning. Yet, the ecologically interconnected nature of coastal and marine ecosystems dictates that optimal and sustainable management of coastal and marine resources can only be achieved through an integrated and holistic approach.

If marine resource planning and management are not carried out in an integrated manner, there is concern that these resources will be damaged or even extinct, making them unusable to support the continuity of national development in realizing a developed, just, and prosperous nation. Therefore, efforts to manage marine areas must be carried out in an integrated and interconnected manner, with the key word being "integration."

In the meantime, spatial planning must be directed towards realizing the objectives of regional spatial planning (both national and regional) that are comfortable, productive and sustainable as well as to realize balance and harmony and strategic development between regions, which is carried out through policies and strategies for developing regional spatial structures and patterns which will ultimately create cross-sectoral and cross-regional integration so as to minimize the occurrence of conflict within them.

Based on the above understanding, spatial planning is not only carried out to fulfill partial sectoral objectives, but more than that, spatial planning is carried out to fulfill objectives for the development of national areas that are comprehensive and holistic by considering the harmony between various resources as the main elements forming space (natural resources, artificial, human and activity systems), which are supported by the legal system and the institutional system that surrounds it, so that it is expected that at least a). can realize the use of space that is effective and efficient and able to support sustainable environmental management; b). there is no wasteful use of space; and c). does not cause a decline in the quality of space.

In this regard, a concept for managing marine areas is needed that allows for the recording of rights and interests at sea, regulated spatially and determined physically in continuity with the boundaries of overlapping interests by listing the boundaries and status of rights granted to the plot.[4] The rights referred to above refer to the right to manage marine areas, meaning to utilize and protect them. Demands for marine area management, in relation to the regulation of marine area boundaries for regions, are intended to regulate and manage marine resources. The limits and scope of regulation regarding marine area management boundaries are placed within the limits of regional authority (Provinces and Regencies/Cities) as stipulated in Law Number 32 of 2004.

Regulation of the boundaries of marine resource management areas for regions has an impact on the process of regional spatial planning for the region itself. However, the presence of Law Number 26 of 2007 has not addressed the various realities and problems faced by the region, apart from the fact that the draft law on determining regional boundaries has not been finalized, marine spatial planning has not been regulated firmly, so that it also has an impact on the absence of regulations regarding marine spatial planning for regions, considering that marine spatial planning in its management is still regulated by a separate law.

As a reference framework for regions in managing marine areas, especially in relation to spatial planning in marine areas, we can refer to the concept of integrated marine area management, based on Integrated Coastal Management (ICM), where the regulation of spatial planning in marine areas is emphasized on the territorial/zoning authority system both at the national and local levels. Policies and strategies in marine spatial planning are based on Integrated Coastal Management (ICM), contains principles related to marine and coastal resource management, integration of related laws and sectoral integration.

The process of regulating marine spatial planning for regions not only always triggers conflicts of authority between regional governments (provinces and districts/cities) and between regional governments and the central government, but also has an impact on regions that have regional characteristics in the form of islands or clusters of islands.

Therefore, a specific regulatory framework is needed that differs from that used in other regions in general, considering the characteristics and urgency of marine spatial planning as a consequence of the spread of islands. This research is expected to yield an approach that encompasses not only legal aspects but also economic and social aspects of communities surrounding coastal and marine areas (especially indigenous communities). Based on the above description, the underlying issues are:

1. The spatial planning model for marine areas in the archipelago, especially in Maluku, is based on basic principles. Integrated Coastal Management (ICM)
2. References in the preparation of regional marine spatial planning

As a consequence of the spread of islands, the spatial planning model for marine areas in archipelagic regions should be based on the territorial characteristics (geographical aspects) of the archipelagic region itself. Therefore, this research is important because:

1. It is hoped that this will produce a model for spatial planning of regional marine areas in archipelagic areas based on the principles Integrated Coastal Management (ICM) which is not only studied from a legal aspect alone but is also studied from various aspects such as socio-cultural, economic, environmental and other aspects related to regional development in the archipelago region.
2. Can provide input to the government as a reference in the framework of spatial planning of regional marine areas, especially for island areas.
3. Can contribute scientific and constructive thinking to various studies related to marine spatial planning both nationally and locally (regionally).

INTEGRATED MARINE SPATIAL PLANNING

From the various issues and problems related to the characteristics of marine and coastal areas, it is emphasized that marine area management is not limited to how we organize marine areas, but more than that, there is a need for regulations regarding marine area spatial planning. Regulations in marine area planning include (1) the use of marine space by community and government activities; (2) arranging marine space for protection, conservation (national parks, wildlife sanctuaries and others); and (3) the use of marine space by customary law communities.[5]

If marine resource planning and management are not carried out in an integrated manner, there is concern that these resources will be damaged or even extinct, making them unusable to support the continuity of national development in realizing a developed, just, and prosperous nation. Therefore, efforts to manage marine areas must be carried out in an integrated and interconnected manner, with the key word being "integration."  Arifin Rudyanto, [6] States that :

"Integrated management of marine resources (including coastal areas) is focused on four aspects, namely: 1) Integration between various sectors and associated private sectors; 2) Integration between various levels of government, from the central government down to districts/cities, sub-districts, and villages; 3) Integration between the use of terrestrial and marine ecosystems; and 4) Integration between science/technology and management."

Integrated marine spatial planning encompasses sectoral integration, scientific integration, and ecological integration. Sectoral integration means that there needs to be coordination of tasks, authorities, and responsibilities between sectors or government agencies at the government level (horizontal integration), and between levels of government from village, sub-district, district, province to central level (vertical integration). Meanwhile, scientific integration requires that the management of coastal and marine areas is carried out on the basis of an interdisciplinary approach (interdisciplinary approaches) involving fields of science including ecology, economics, engineering, sociology, law, and other fields. Meanwhile, ecological integration, as previously stated, is factually illustrated by the fact that coastal and marine areas are composed of various ecosystems. [7]

The management system within Integrated Coastal Management is expected to foster integration and mutual understanding between users and the government. Judging from the processes and institutions established, numerous benefits can be gained from managing natural resources in marine and coastal areas. ICM is an approach to resolving conflicts in coastal and marine areas through systems, procedures, and structures that are integrated and synchronized.

In marine governance (Ocean Governance), the most important thing in its implementation is to organize the management of ocean space for various uses (multiple use of ocean space) with the aim of (a) avoiding conflicts over the use of ocean space and (b) to maintain the sustainability of the resources contained therein.[8] It is further explained that, in relation to Ocean Governance, then the concept of marine spatial planning is:

1. The concept of integrating the arrangement of marine and land space through a DAS (River Basin Area) approach;
2. the concept of integrated spatial planning of small islands and oceans using a bioregional approach that links the physical characteristics of oceanography, atmosphere, climate change with the demographic, social, economic and cultural characteristics of those living on small islands;
3. Spatial planning of the sea in the Territorial Sea, especially in the Exclusive Economic Zone, is a state obligation obtained from UNCLOS 1982 for the sustainable use of biological resources, ... as contained in Article 61 paragraph (1) and paragraph (2) of UNCLOS 1982

Meanwhile, according to WWF, there are several key words that need to be considered in marine spatial planning, namely: [9]”(a) the overall objectives must be clear; (b) there is an opportunity to reduce conflicts of use; (c) in decision-making, consider cumulative and combined effects; (d) present an opportunity for forward-looking preparation; and (d) provide clear, easily accessible mechanisms for participation. stakeholders in the planning and management of marine activities”. Furthermore, there are also several elements in the process of preparing marine spatial planning, namely (a) strategic environmental assessment, (b) data exchange; (c) risk assessment; (d) ecological and socio-economic mapping, spatial data and Geographic Information Systems (GIS); and (e) public consultation[10]

 

PRINCIPLES OF INTEGRATED COASTAL MANAGEMENT (ICM)

Spatial planning of marine areas for integrated management of marine and coastal areas (Integrated Coastal Management) is a new approach as outlined in Chapter 17 of Agenda 21 that the marine environment (the marine environment) is a vital component of the global life support system. Population growth and the continued exploitation of marine resources mean that marine and coastal areas require management, protection of their natural resources, and development according to their intended use for the sustainability of these resources for future generations.[11]

Integrated Coastal Management, is the management of the utilization of natural resources and environmental services (service environment) found in coastal and marine areas, by carrying out a comprehensive assessment (comprehensive assessment) towards natural resources and services, the environment contained therein, determining the goals and targets of utilization, and then planning and managing all utilization activities, in order to achieve optimal and sustainable development.[12]

The expected goal of the existence of Integrated Coastal Management is to achieve sustainable development in marine areas, [13]reduce damage to coastal and marine resources and human settlements, maintain/maintain ecological processes and support life support system biodiversity in coastal and marine areas through marine spatial planning

Integrated management on a sectoral basis means that there is coordination between tasks, authorities and responsibilities between sectors or government agencies at a certain level of government (horizontal integration), and between levels of government (vertical integration). Furthermore, integrated scientific management means that in managing coastal and marine areas in the context of spatial planning, interdisciplinary science is used (interdisciplinary approaches) which involves the fields of economics, ecology, engineering, sociology, law and other relevant fields.[14] Basically, a Integrated Coastal Management consists of 4 (four) elements of the planning hierarchy, namely:

(1) strategic plan,

(2) zoning plan

(3) management plan and

(4) action plan.

SPATIAL ARRANGEMENT OF REGIONAL SEA AREAS IN ARCHIPELAGO AREAS

As is well known, regional spatial planning is a form of regional development planning, which plays a strong role in efforts to organize spaces more efficiently and economically in the region. The new policy within the framework of regional autonomy provides space for regions to organize their spatial plans in accordance with the territorial characteristics within the framework of the Unitary State of the Republic of Indonesia. 

Regional maritime spatial planning must be placed within the applicable spatial planning system. According to the provisions of Article 6 paragraph (4) of Law Number 26 of 2007, it is stated that "Spatial planning for provincial and district/city areas includes land space, sea space and air space, including space within the earth in accordance with the provisions of laws and regulations."

The planning area boundaries of the Provincial RTRW and Regency/City RTRW are adjusted to the limits of the authority of the Provincial Region and Regency/City Region as regulated in the provisions of Article 18 paragraph (4) of Law Number 32 of 2004, namely:

1. Provincial government authorized to manage resources in the sea area up to 12 (twelve) nautical miles measured from the coastline towards the open sea and/or towards archipelagic waters; and
2. District/City Regional Government is 1/3 (one third) of the provincial authority area.

The position of marine spatial planning in the context of regional spatial planning itself is an inseparable part of the provincial and district/city planning areas, because the provincial RTRW and district/city RTRW have included all land and sea areas that are under the authority of the province and district/city. Meanwhile, if spatial planning is required that focuses on marine and coastal areas, then the resulting spatial plan must be part of the regional spatial plan as a hierarchical and complementary unit, as referred to in the provisions of Article 6 paragraph (2) of Law Number 26 of 2007.[15]

Furthermore, by placing space as an object in the spatial planning process, it is necessary to pay attention to the following:

1. Utilization of space is carried out through the implementation of a space utilization program and its financing which is based on a spatial plan;
2. Control of spatial utilization is carried out through monitoring and regulating spatial utilization (to ensure it remains in accordance with spatial planning);
3. RTRWN, RTRWP, and RTRWK serve as guidelines for implementing development in utilizing space for development activities and also function as guidelines for determining investment locations by taking into account various interests within them.

Substantially, the spatial planning of marine areas in this archipelagic region functions to provide direction for integrated development across regions and across sectors, by synergizing cross-regional (cross-jurisdiction) and cross-sectoral (multi-stakeholder) interests in the utilization of space that is oriented towards efforts to reduce development disparities between regions through the effective utilization of natural resources.

Meanwhile, there are several main reasons related to the importance of spatial planning regulations in archipelagic areas, because archipelagic areas are very vulnerable to various crimes, both transnational and international, such as the threat of illegal fishing and other threats as well as the encroachment of territorial boundaries which are part of state sovereignty. including regulations regarding border areas including the existence of the outermost small islands, especially by customary law communities (in marine and coastal areas) located in the archipelagic areas, especially those adjacent to border areas. [16]

From a content perspective, spatial planning for marine areas in archipelagic regions differs and is unique compared to spatial planning in general. These differences are explained in terms of both geographic (territorial) and the urgency of the arrangements, as follows:

1. From a geographical (territorial) perspective, the characteristics of a region consisting of islands and island clusters require a distinct spatial planning framework as a consequence of the distribution of the islands. Therefore, firm and clear regulations are needed regarding maritime boundaries, taking into account inter-sectoral interests based on the unity of the Unitary State of the Republic of Indonesia.         
2. Meanwhile, in terms of the urgency of the regulation, it is based on a framework of integrated development, namely Orientation towards a wider area (cross jurisdiction); Integration between sectors, between regions and between development actors; Integration between economic interests and sustainability; and Using the principles of development synergy and mutual benefit.

 

 

 

 

 

 

 

 

 

 

 

 

IDENTIFICATION OF PROBLEMS IN SPATIAL PLANNING OF MARINE AREAS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SPATIAL PLANNING MODEL FOR REGIONAL SEA AREA IN THE ARCHIPELAGO AREA.

To get an overview of the reference framework for regional marine spatial planning for archipelagic areas based on the principles Integrated Coastal Management (ICM) as seen in the following image below.

 

Regional Marine Spatial Planning Model

In the Archipelago Region

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCEPTUAL FRAMEWORK OF KAJAIN STUDY

Schematically, the conceptual framework of the study is presented in the following flow chart below:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reading List

 

 

Dina Sunyowati, 2008. Legal Framework for Coastal Area Management Based on the Concept Integral Coastal Management In the Framework of Sustainable Marine Development, Dissertation Summary, Arlainngga.

_______________, Determination of the Maritime Boundaries of the Unitary State of the Republic of Indonesia, Yuridika, Volume 21_May Number 21.

Jacub Rais, et al., 2004. Integrated Marine Spatial Planning, PT Pradyana Paramita, Jakarta.

RZ Titahelu, Customary Law in the Context of Human Rights and Legal Pluralism, Paper at the Traditional Seminar in Aru Islands Regency, November 2006.

Rohmin Dahuri, 2003, Indonesia's New Ocean-Based Development Paradigm, Scientific Oration as Permanent Professor in Coastal and Marine Resources Management, Faculty of Fisheries and Marine Sciences, Bogor Agricultural University,

Sulistiyo Budi, A Marine Cadastre Idea as a Step Towards Marine Territorial Management _Paper presented at the 1st Annual Scientific Meeting of Geodetic Engineering.

Hello Sutisna, Possibility of Sea Area as Part of the Area in Calculating DAU,_Paper presented at the National Workshop on Strengthening the Implementation of Fiscal Decentralization Policy, Jakarta 5-6 April 2006.

Syaifurrahman Salman and Edi Susilo M. Hasan, Development of Coastal Areas as Strategic Areas for Regional Development