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KIARA: The Job Creation Perppu is an unconstitutional form today

The presence of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation or Perppu CK is still causing polemics to this day. The regulation, which was issued on December 30, 2022, is still considered unconstitutional because there was a process that was not carried out properly.

With this stamp attached, all developments related to the Perppu CK are only seen as unconstitutional. Including, the Ck Perppu socialization activities carried out by the Ministry of Maritime Affairs and Fisheries (KKP).

The socialization carried out by the Directorate General of Capture Fisheries (DJPT) of the Ministry of Maritime Affairs and Fisheries on January 30, 2023 was said to be contrary to the rejection by all levels of society, including constitutional law experts, academics, civil society organizations, workers, farmers, students to traditional fishermen and women fishermen.

The Secretary General of the People’s Coalition for Fisheries Justice (KIARA) himself conveyed the news of the rejection. For him, the refusal was deemed appropriate, because the Perppu CK was issued in an unconstitutional manner.

KIARA himself admitted that he was one of the parties who rejected the presence of the CK Perppu, because in addition to being unconstitutional, the CK Perppu could have an adverse impact on socio-ecological life. They join the maritime community, one of which is a traditional fisherman.

Then, there are also fisherwomen, salt farmers, fish cultivators, coastal ecosystem conservationists, and coastal indigenous peoples. All of them unanimously rejected the Perppu CK which could trigger many negative and dangerous impacts in the future.

“The Perppu on Job Creation was drafted without any compelling precarious situation, without meaningful participation, and is only a way to disobey the Constitutional Court Decision Number 91/PUU-XVIII/2020,” explained Susan Herawati last week in Jakarta.

According to him, the Perppu CK will only repeat the vulnerability of the maritime community as stipulated in the CK Law. In addition, the Perppu CK was also drafted not to protect and empower the maritime community, but to provide legal certainty to investors with all their interests in extracting natural resources, especially fisheries and marine resources.

When the DGPT KKP held the Perppu CK socialization, there were four things that became their focus and attention. First, regarding the implementing regulations for the Constitutional Court Decision Number 91/PUU-XVIII/2020. Second, the Perppu CK will change the Fishing Permit (SIPI) and Fishing Vessel Permit (SIKPI) into business permits.

Then third, Perppu CK aims to facilitate investment in the fisheries and maritime sectors. Finally or fourth, Perppu CK is here to change the authority to issue permits.

However, from the analysis conducted by KIARA, Susan Herawati said that the Perppu CK contained a number of problems in substance for application to the capture fisheries sub-sector.

Problem Substance

The first note, Perppu CK removes the limit on the size of the ship tonnage (GT) scale in the definition of small fishermen, and changes it to a business scale consisting of micro, small, medium and large.

This abolition will create loopholes for fishermen who operate fishing vessels over 10 GT to disobey the obligation to bring complete administrative documents, as well as fishing vessel monitoring systems.

Second, the presence of Perppu CK is considered to only be a red carpet for fisheries investors in dredging fishery and marine resources in Indonesia, and even providing flexibility for foreign corporate investment in Indonesia’s exclusive economic zone (ZEEI).

Third note, Perppu CK can change the authority to issue permits. In detail, ships with a maximum size of 5 GT are required to apply for permits directly to the KKP if operating in a national conservation area.

Meanwhile, ships over 5 GT that do not operate in the national conservation area are also required to apply for permits to the central government, if the operating area is over 12 nautical miles and is included in the cross-province category.

“This is in contrast to the specialization that was previously given to small fishermen (0-10 GT) who were only required to take care of the Fishing Vessel Registration Certificate (TDKP),” he said citing the note issued by KIARA.

Fourth note, KIARA sees that the obligation of fishermen of 0-10 GT to take care of issuing permits to the center is only to dredge and increase Non-Tax State Revenue (PNBP) from small and traditional fishermen.

“This is in line with the PNBP increase target set by the KKP with a value of IDR 12 trillion in 2024,” he added.

That means, changing the authority to issue permits for small fishermen to the center will only be burdensome and detrimental to small fishermen, especially because they are also subject to PNBP. This condition will increase the discrimination of small fishermen from the management and production space at sea.

Through this policy, the public will know that the owners of capital and the KKP are the parties that will benefit the most. In fact, as a leader in the marine and fisheries sector, the Ministry of Maritime Affairs and Fisheries should listen to fishermen’s complaints, especially traditional fishermen.

Perppu CK for the Favor of Fishermen 

Previously, the Director General of Capture Fisheries at the Ministry of Maritime Affairs and Fisheries M. Zaini Hanafi during the socialization of Perppu CK on January 30 2023 said that there had been no change in the substance of the Perppu CK PERPU CK. Socialization is carried out so that capture fisheries stakeholders can better understand the provisions in the regulation.

“Changes in the capture fisheries sub-sector in PERPU CK are only in writing and editorial techniques. It has been clearly stated, the presence of this rule shows partiality to fishermen and provides business certainty,” he explained when opening the socialization.

In line with Zaini, the Head of the KKP’s Legal Bureau, Effin Martiana said that the Perpu CK contains the same maritime and fisheries sector regulations. Among them are the Law on Fisheries, the Law on Maritime Affairs, the Law on the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers and the Law on the Management of Coastal Areas and Small Islands.

“Perppu CK has been stipulated by the President of the Republic of Indonesia on December 30, 2022 and takes effect on the same date, as the implementation of the Constitutional Court Decision Number 91/PUU-XVIII/2020. One of the goals is to create and increase employment opportunities as wide as possible,” he explained.

Perppu CK provides uniform terminology for documents related to capture fisheries business permits. Licensing in the capture fisheries sector no longer uses the phrase Fishing Permit (SIPI) or Fish Transport Vessel Permit (SIKPI), but instead uses the term business licensing.

Meanwhile, Acting Director General of Maritime and Fishery Product Competitiveness (PDSPKP) Ishartini KKP has on different occasions tried to convince the public that the presence of Perppu CK is the answer to the community’s need for protection and increased welfare.

“This Perppu is the government’s quick response to the current global dynamics and anticipation of future impacts,” he said.

Ishartini gave an example, Perppu CK requires fishery business actors to meet fishery product quality standards in carrying out fishery business. This aims to maintain consumer safety and comfort and expand market access for producers.

“The substance of the PDSPKP sector regulated in the Perppu includes fishery product quality standards, risk-based business permits, and imports of fishery commodities,” he said.

For information, the number of business licenses issued for the fish marketing sub-sector as of December 2022 reached 48,233 business permits with a total of 34,895 business actors applying.

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