Planned Amendments to Act No. 27 of 2007 on the PWP-KDP
House of Representatives Ignore Citizens’ Constitutional Rights in Legislative Process that manufactured this Regulation
Jakarta, July 12th, 2013. Not even two years after the Constitutional Court’s decision to act in favour of judicial review 27 fishermen and 9 NGOs to Law No. 27 Year 2007 on the Management of Coastal Areas and Small Islands (PWP-CO), the Government is preparing a new scheme to legalize the carving up of coastal and marine areas. The lack of active participation of traditional fishing communities and indigenous peoples, who are scattered across coastal areas and small islands, means there is big potential to repeat the mistakes of drafting the initial legislation, causing the country financial harm, and triggering horizontal conflicts.
As known, Constitutional Court Decision No. 3/PUU-VIII/2010 regarding the material composed by KIARA and 8 civil society organizations together with 27 Traditional Fishermen was read out on June 16, 2011 with two important parts, the first annulled all articles in Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands associated with Coastal Water Concessions (HP-3); and second, the Court conducted an assessment of Article 14 paragraph (1) of Law No.. 27 of 2007 on the Management of Coastal Areas and Small Islands governing public participation in the preparation of RSWP-3-K, RZWP-3K, RPWP-3-K, and RAPEP-3-K, and concluded that it was contrary to the 1945 Constitution.
The Government, through the Ministry of Maritime Affairs and Fisheries, has initiated a revision of Law No. 27 Year 2007 on PWP-KDP. In the proposed draft, there are no fundamental changes of any substance that would put the draft in line with the decision of the Constitutional Court and it’s proposed amendments to the Act.
Through a plenary meeting on June 25th, 2013, the House of Representatives has approved the establishment of the Special Committee Draft Law (RUU) Amendment Act No. 27 of 2007 on the PWP-KDP.
The process of the formation of the Special Committee was not explained openly to the public, mainly because the amendment of the act has been a priority rather than other laws that traditional fishermen and coastal and small island dwellers need to a greater extent, such as the law on Protection and Empowerment of Traditional Fishermen. There is a tendency in the House of Representatives to shut down discussions regarding revision of acts relating to the interests of traditional fishermen, coastal communities and small islands.
KIARA’s request to conduct hearings in order to seek clarification and give feedback on the planned revision of Law No. 27 Year 2007 on PWP-CO did not get a response from Parliament’s Legislative Body. To this date, KIARA has filed a two formal letters to request a legal audience with the Chairman of the House of Representatives, which were dated June 3, 2013 and July 4, 2013.
KIARA deplores the attitude of the House of Representatives, as under Article 96 of Law No. 12 Year 2001 on the Establishment Regulation Legislation, it states that the public has a right to provide input in oral and / or written forms in any establishment of legislation. Neglect of the constitution supporting citizen consultation initiatives and input is unlawful.
In addition, KIARA also urges the Chairman of the House of Representatives to not rush the discussion of the plan to change the Law No. 27 Year 2007 on the PWP-KDP draft legislation, in order that mistakes are not repeated and continue to cause impacts to the detriment of the interests of the main stakeholders, namely the traditional fishermen and people living in Indonesia’s coastal and small island areas.
For further information, please contact:
Abdul Halim, Secretary KIARA
at +62 815 53100 259