Faculty of Law, Musamus University, Merauke, Papua, Indonesia
ISSN Online: 2621-959X, ISSN Print: 2621-9581
This work is licensed under a Creative Commons Attribution 4.0 International License.
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Setting of the Coastal Area as A Mangrove Conservation Zone in Binanga Village Sendana District Majene District
Salma Laitupa1, Andi Dewi Pratiwi 2
1 Faculty of Law, East Sulawesi University, Majene-Indonesia,[email protected]
2 Faculty of Law, East Sulawesi University, Majene-Indonesia,[email protected]
ABSTRACT ARTICEL INFO
Mangrove forests are an ecosystem element that is beneficial to the community, especially in the coastal area of Binanga village, Sendana subdistrict, Majene regency. However, gradually the degradation of mangrove forests occurs which turns into community economic activities which indirectly erode the benefits of mangroves.
The management and use of land in the mangrove forest area in Binanga village, Sendana subdistrict, Majene district, West Sulawesi province does not seem to be optimal in managing spatial planning so that the mangrove vegetation is threatened with destruction. This research aims to provide an analysis regarding the regulation of coastal areas as mangrove conservation zones in Binanga village, Sendana District, Majene Regency. The type of research carried out is normative juridical with a statutory approach and a conceptual approach. The research results conclude that the policy of regulating coastal areas as mangrove zones needs to be managed wisely and sustainably so that the impact of human activities can be controlled and some coastal areas are maintained for conservation. Apart from that, it is necessary to institutionalize mangrove resource management in Binanga village, by optimizing the role of the village government and establishing a Mangrove Forest Resource Management Institution (LPS-HM) in the village as a formal institution established by the Village Government.
Keywords:
Regulation, Coastal Areas, Mangrove Conservation How to cite:
Laitupa S., Pratiwi, A. D., (2023). Setting of the Coastal Area as A Mangrove Conservation Zone in Binanga Village Sendana District Majene District. Musamus Law Review,, 6(1), 1-12
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1. INTRODUCTION
Coastal areas1 and small islands as part of the natural resources bestowed by God Almighty to the Indonesian Nation, are national assets controlled by the State
1 Coastal areas are generally only seen as part of the land area that is naturally located on the edge of the sea. Meanwhile, what is actually meant is that it covers the coastal area (coastal zone), including the coastal sea (coastal sea) which is the part of the sea that borders and is close to the coast, both of which are one interrelated unit which is usually called the coastal zone (Mochtar Kusumaatmadja, Authority for Defense and Security in the Sea and Air Outside the Boundaries of Dati I and Dati II. Center for Archipelago Insight, Law and Development Studies, Bandung, n.d. p.
13). It can also mean an area along the coast which includes stretches of land and sea (Mochtar Kusumaatmadja and Tommy H. Purwaka, Legal and Institutional Aspects of Coastal Zone Management in Indonesia, Marine Policy., Vol 20. N0. 1, Elsevier Science Ltd , Great Britain, l996, p. 67.
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which need to be preserved and utilized for the greatest prosperity of the people, both the current generation and future generations. which will come.2
Coastal areas and small islands as part of natural resources have strategic significance because they are transition areas (interface) between land and sea ecosystems, and have the potential for natural resources and environmental services.
Coastal areas have the potential for biological and non-biological natural resources, artificial resources as well as marine and maritime services which are very important for people's livelihoods.3 This potential is huge, considering that the length of Indonesia's coastline is 95,181 km from the number of islands which reaches approximately 17,508 islands.4 Therefore, coastal areas have importance both ecologically, economically, socio-culturally, as well as defense and security.
Biophysically, coastal areas in Indonesia are the center of world tropical marine biodiversity because almost 30% of the world's mangrove forests and coral reefs are found in Indonesia. Indonesia has a distribution of mangrove ecosystems (mangroves) the largest in the world according to the Food and Agriculture Organization (FAO).
According to Spalding, it is estimated that the area of mangroves in Indonesia is around 3,189,359 hectares, almost 60% of the total area of Southeast Asian mangroves.
This number also represents 20% of the total mangrove cover in the world.5 According to the FAO, there are 48 species of mangroves in Indonesia, making Indonesia an important center for mangrove biodiversity in the world. Data on the area of mangroves in Indonesia until 2010 contained in the 2012 SLHI issued by the Ministry of the Environment was 5,543,012.08 hectares with 56.91% good condition, 10.69%
moderate, 7.20% damaged and 25.20% unidentified.6
Based on data from the Ministry of Maritime Affairs and Fisheries, the world's mangrove forest area is 16,530,000 ha, of which Indonesia has 3,490,000 ha, or 21% of the world's mangroves. In 2021, Indonesia's mangrove area will experience a decrease in area where data from one map of mangroves recorded an area of 3,311,208, of which 637,624 ha (19.26%) are in critical condition (or less than 60% canopy cover) while 2,673,548 ha of mangroves are in good condition (80.74%).7 Indonesia has lost more than half of its mangrove forests, from 4.2 million hectares to 2 million hectares.8 Damage to coastal areas can be seen from the mangrove forest ecosystem which is increasingly experiencing quite worrying degradation. Mangrove forest degradation is caused by an increase in activities that convert mangrove forests into other uses, such as opening ponds, developing industrial and residential areas in coastal areas as well
2 Farida Patittingi, Application of the Principles of Social Justice in Regulating Land Tenure and Ownership in Coastal Areas and Small Islands in Indonesia, in Andi Iqbal Burhanuddin, et.al.
(Editor), Building Indonesia's Marine Resources, Ideas and Thoughts of Professor at Hasanuddin University, First Edition of IPB Press, Bogor, 2013, p. 292.
3 L. Tri Setyawanta. R., Reform of Coastal Area Management Regulations in Indonesia and Challenges in Its Implementation in the Regions, Diponegoro University Publishing Agency, Semarang, 2009., p. 2
4 Ibid
5 Akhmad Solihin (et al), Indonesia's Deep Sea in Crisis, Greenpeace Southeast Asia (Indonesia), Jakarta, 2005., p. 2
6 Bambang Pramudyanto, "Controlling Pollution and Damage in Coastal Areas", Lingkar Widyaiswara Journal, Edition 1 No. 4, October - December 2014., p. 23.
7 Jabalnur, et al. "Conservation Partnerships in Mangrove Forests in Traditional Use Zones", Halu Oleo Law Review, Volume 7 Issue 1, March 2023., p. 53
8 Jeremi Hance, 2010, Nasa Images Reveal Disappearing Mangroves Worldwide, http://news.mongabay.com/2010/1201-hance_nasa_mangroves.html, accessed on 26 October 2023.
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as cutting down mangrove forests for firewood, charcoal and building materials. If the existence of mangroves can no longer be maintained, coastal erosion will often occur due to their absence of wave barriers, pollution from rivers to the sea will increase due to the absence of pollutant filters, and aquaculture cultivation zones will themselves be threatened. wave barriers, pollution from rivers to the sea will increase due to the absence of pollutant filters, and aquaculture cultivation zones will themselves be threatened.
The mangrove forest ecosystem has various uses so it has very high economic value. The uses of mangrove forests include spawning ground, nursery ground and feeding ground for various types of aquatic and terrestrial animals. Apart from that, it can also be used as fuel, building materials, medicines and can protect coasts from crashing waves, tidal waves, storms and can hold sediment and prevent coastal erosion.9
Mangrove forests are an inseparable part of communities in coastal areas.
Likewise with the coastal area in Binanga village and its surroundings in Sendana District, Majene Regency, West Sulawesi. The mangrove forested coastal area is located in the villages of Binanga, Totolisi, Palipi and the Kandongan area, Sendana District, with an area of approximately 17.79 ha.10 This area also has the potential for coastal and marine natural resources as well as environmental services, especially mangrove forests, which have economic prospects capable of encouraging growth and development of settlements and other economic and social activities around the area.
For a long time, the local community has utilized the potential of marine biological resources in the mangrove forests in the area, to meet the subsistence needs of the people who depend on it as fishermen for their livelihood.
The use of mangrove forests by coastal communities in Binanga village and its surroundings in Sendana District, Majene Regency, West Sulawesi, has potential in economic, social and cultural aspects, however, in the use of space by the community there is actually a negative excess towards the potential of natural resources in utilization and management. Mangrove forests continue to experience pressure and degradation along with increasing economic efforts, settlements and development in coastal areas at the expense of mangrove areas, so that mangrove areas do not function as they should and have an ecological impact because they are not carried out wisely and with an environmental perspective.
2. METHOD
This research is normative research, namely research into the rules or law itself and the principles of positive law, by making legal materials the object of study and analysis. The approach methods that will be used are the statutory approach and the conceptual approach. The collected legal materials will be analyzed qualitatively, where all research data is processed in a legal reasoning process. Means or tools for
9 Ibid
10 Data on the area of mangrove forested areas in the villages of Binanga, Totolisi, Palipi and the Kandongan area of Sendana District is contained in Article 21 paragraph (2) letter d, Majene Regency Regional Regulation Number 12 of 2012 concerning Majene Regency Regional Spatial Planning for 2011 - 2031 (Regional Gazette Majene Regency 2011 Number 12, Supplement to Majene Regency Regional Gazette Number 28).
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analysis using grammatical interpretation by interpreting statutory regulations to answer existing problems, then a conclusion is drawn and submitted as a suggestion.11
3. RESULTS AND DISCUSSION
3.1. Conservation Theory of Living Natural Resources.
According to the Natural Resources Conservation Dictionary (Dewobroto, et al, 1995) which is the result of collaboration between the Directorate General of Forest Conservation and Nature Protection and the Language Development Center, the term conservation is the equivalent of the term conservation which is defined as "efforts to manage natural resources wisely with guided by the principle of conservation”.12 However, the same dictionary also states that the term preservation is the equivalent of the term conservation.13 So the dictionary translates the term conservation as (a) conservation or ( b) preservation,14 but the dictionary also provides different definitions for the terms conservation and preservation. According to Indonesian ecologist, Otto Soemarwoto (1997), the term conservation is more accurately translated as "reservation".15
Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems (UU KSDAHE), formulates the definition of biological natural resources as biological elements in nature consisting of vegetable natural resources (plants) and animal natural resources (animals). ) which together with the surrounding non-biological elements as a whole form an ecosystem. Meanwhile, the definition of conservation of biological natural resources is the management of biological natural resources whose use is carried out wisely to ensure the continuity of their supply while maintaining and improving the quality of their diversity and value.
To provide guidance in conserving biodiversity, the International Union for Conservation of Nature (IUCN) - an international organization dedicated to the conservation of natural resources, prepared The World Conservation Strategy (1980).
In the document, conservation is defined as: “the management of human use of the biosphere so that it may yield the greatest sustainable benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations.
Thus conservation is positive, embracing preservation, maintenance, sustainable utilization, restoration, and enhancement of the natural environment. Living resource conservation is specifically concerned with plants, animals, and microorganisms, and with those non-living elements of the environment on which they depend. Living resources have two important properties the combination of which distinguishes them from non-living resources: they are renewable if conserved; and they are destructible if not.”16
11 Jonaedi Efendi & Johnny Ibrahim, Normative & Empirical Legal Research Methods, ed. 1, cet. 2, Kencana, Jakarta, 2016., p. 181-182. See also Johny Ibrahim, Normative Legal Research Theory &
Methodology, second skill, Bayumedia Publishing, Malang, 2006, p. 248-249.
12 Dewobroto, K.K, Kartiko, K.Kadarsin, M. Soekarno and Soemarsono, Dictionary of Natural Resources Conservation, Rineka Cipta Publishers, Jakarta., 1995. p. 65
13 Ibid
14 Ibid
15 Otto Soemarwoto. Ecology, Environment and Development, Djangkat Publishers, Jakarta., 1997.
16 Quoted in the DPR RI Expertise Body, "Academic Manuscript of the Draft Law of the Republic of Indonesia Concerning Biodiversity and Ecosystem Conservation", Law Drafting Center, DPR RI Expertise Body, Jakarta, May 2016., p. 23-24
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Thus, biodiversity conservation can be defined as actions to protect and utilize biodiversity wisely to ensure the continuity of its existence and benefits while maintaining and improving the quality of diversity and its value in order to meet the needs of current and future generations.17 The concept of biodiversity conservation is broader than just preservation because biodiversity conservation aims to ensure sustainability in the long term so that it benefits not only the current generation but also future generations. Therefore, conservation must be seen as managing resources so that their function is sustainable.18 The word conservation, in Indonesia is defined through three key words, namely protection, preservation and sustainable use of resources or biodiversity. Meanwhile, conservation levels are divided into categories:
area conservation (in-situ), species conservation and genetic conservation.
Basically, biodiversity can be seen from 3 (three) levels, namely diversity at the ecosystem level, species level and genetic level.19 An ecosystem is a unit formed by the reciprocal relationship between living things (biotic components) and their environment (abiotic components). Each ecosystem has specific physical environmental characteristics, chemical environments, vegetation types and animal types. The environmental conditions of these living creatures are very diverse. These diverse environmental conditions cause the types of living creatures that inhabit them to also vary. This kind of diversity is referred to as ecosystem level diversity.20 Meanwhile, diversity at the species (type) level is a level of diversity that is easy to see.
Species level diversity is indicated by the presence of different types of plants, animals and microorganisms. A species is a collection of individuals that are morphologically, physiologically or biochemically different from other groups with certain characteristics.21
Next, diversity at the genetic level. Genes are hereditary material in chromosomes that control the characteristics of living things. Genes are found in every cell nucleus of living creatures. Genes in living things have the same basic set, but have a different arrangement. Gene-level diversity causes variation between individuals within a species. Genetic resources as a form of biodiversity are genetic material consisting of plants, animals, microorganisms or others, which have the ability to inherit traits (he redity). In plants, genetic resources are found in seeds, tissues, other parts of plants, as well as young and adult plants. In animals or livestock, genetic resources are found in tissues, other animal parts, semen, eggs, embryos, living animals, both young and adults.22
The term conservation has a narrow scope and is part of the term environmental protection. The definition of conservation is explained by Alexandre Kiss as "It is generally used in the field of living resources and is based upon the status
17 Andri Gunawan Wibisana, "Final Report of the Legal Analysis and Evaluation Team Concerning Conservation of Living Natural Resources and Ecosystems", National Legal System Research and Development Center, National Legal Development Agency, Ministry of Law and Human Rights of the Republic of Indonesia, Jakarta, 2015., p. 46
18 Ibid
19 National Legal System Research and Development Center, "Legal Analysis and Evaluation Concerning the Utilization of Genetic Resources", National Legal Development Agency, Ministry of Law and Human Rights of the Republic of Indonesia, Jakarta, 2015., p. 2
20 Ibid
21 Ibid
22 Ibid
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quo, mainly demanding maintenance of the conditions necessary for continued resource existence".23 Conservation is generally used in the field of biological natural resources and is based on a permanent state (status quo), primarily requiring the maintenance of the conditions necessary for the continued existence of the resource.24
The concept of conservation is based on assumptions or theories about the scarcity or limitation of natural wealth on earth (resource scarcity) so that it requires wise use or recommendations for creating efficient management techniques (techniques of efficient management). Basically, this conservation concept is aimed at nature, animals and plants.25
According to Freed T. Wildes,26 the concept of conservation is actually very influenced by the concept of Anthropocentricity and Preservations. The Anthropocentric concept defines conservation with a utilitarian approach with an emphasis on the wise use of natural resources. Conservation in the Anthropocentric form is developing towards continuous utilization or continuous development.
Conservation here is defined as a strategy for using natural resources to meet needs and the economy without ignoring the needs of future generations or efforts to improve the quality of human life in a capacity that can support the existence of the ecosystem chain.
Meanwhile, the concept of Preservations is interpreted using an equalitarianism approach which emphasizes ecological aspects. This concept develops conservation thinking towards deep ecology which has given rise to its own movement as a reaction to various modern problems. This concept also develops an equalitarianism biocentrism approach, which means that conservation must see humans as a constituent among various other constituents in a biotic community. Biological natural resources have very significant economic value and meaning, in fact the potential of biological natural resources in each region often becomes the backbone in the process of realizing the continued existence and continuity of life in society, nation and state.
3.2. Marine Natural Resources Conservation Arrangements Based on the 1982 United Nations Convention on the Law of the Sea.
Indonesia's position as an archipelagic state has been recognized internationally, the determination of which is regulated in the 1982 United Nations Convention on the Law of the Sea - hereafter referred to as UNCLOS 1982,27 as an
23 Alexandre Kiss, Course I Introduction to International Environmental Law, The United Nations Institute for Training and Research Palais des Nations, Geneva, Switzerland, 2005., p. 1, as quoted in A'an Efendi, Environmental Management Law, Index, Jakarta, 2018., p. 69.
24 Ibid
25 Daud Silalahi, Environmental Law: In the Environmental Law Enforcement System in Indonesia, Alumni Publishers, Bandung, 1996., p. 149
26 Saifullah, Environmental Law Criminal Policy Paradigm in the Field of Biodiversity Conservation.
UIN Malang Press, Malang, 2007., p. 26.
27 Since November 16 1994, UNCLOS 1982 has become effective (entered into force). The development of this convention was the deposit of its 60th ratification by the country of Guyana on November 16 1993. Thus, the requirements for enforcing the 1982 Law of the Sea Convention as mandated by Article 308 of the 1982 Law of the Sea Convention were achieved, namely 12 (twelve) months after the deposit of the instrument. 60th ratification. See: United Nations Press Release, "Un Convention on the Law of the Sea Receives Sixtieth Ratification to Enter Into Force in One Year", Department of Public Information, News Coverage Service, New York, 1993. p. 1, as quoted in Suhaidi, "Marine Environmental Protection: Efforts to Prevent Marine Environmental Pollution with the Existence of International Shipping Rights in Indonesian Waters", Inauguration Speech
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international instrument that provides an international legal basis for Indonesia's position as an archipelagic state (archipelagic state). Indonesia is the 26th28 country to have ratified the Convention since 1985, by promulgating Law Number 17 of 198529 concerning Ratification of the United Nations Conventions on the Law of the Sea.30
Article 192 of UNCLOS 1982, confirms that "States have the obligation to protect and preserve the marine environment." With the existence of Article 192 of UNCLOS 1982, it means that each participating country has an obligation to protect the marine environment under its jurisdiction. The main obligations of the participating countries, followed by the rights regulated in the next article, namely Article 193 UNCLOS 1982, determine that: "States have the sovereign right to exploit their natural resources subject to their environmental policies and in accordance with their duty to protect and preserve the marine environment.
From the provisions of Article 193 of UNCLOS 1982, there are several things that need to be underlined, namely: First, in terms of "states have the sovereign right to exploit their natural resources" where participating states have sovereign rights to exploit natural resources in their jurisdiction. Second, in terms of "The right to exploit their natural resources according to their environmental policies", namely that participating countries have the right to make their own regulations regarding the natural resources they own. However, this right is also accompanied by the main obligation as outlined in the provisions of Article 192 of UNCLOS 1982 which essentially emphasizes the "duty to protect and preserve the marine environment".
Therefore, the rights that participating countries have in relation to the exploitation of natural resources in their territory are conditional freedoms where participating countries are free to exploit natural resources under their jurisdiction, are free to make legal arrangements regarding this matter, but must still carry out their obligations to protect and preserve their marine environment.
UNCLOS 1982 does not specifically regulate in its articles the management of marine, coastal and small island areas. However, regarding the protection and preservation of the marine environment, UNCLOS 1982 places obligations on participating countries to protect and maintain the marine environment.31 This means that the marine environment is an important part and must be protected and preserved by every country.
for the Position of Permanent Professor in the Field of International Law at the Faculty of Law, University of North Sumatra, Medan. 2006. p. 2
28 Etty R. Agoes, noted that up to October 2014, 166 ratifications had been achieved, including ratifications by several developed countries such as the Russian Federation, England and Canada.
In addition to a large number of developing countries, almost all member countries of the European Community, China, Japan, India, Australia, Brazil and Argentina are listed as parties.
See: Etty R. Agoes, "Strengthening International Maritime Law" Paper presented at the Workshop on "Building Synergy of Economic Potential, Legal Environment, Culture and Security to Strengthen a Dignified Maritime State", University of North Sumatra, Medan, 5-6 March 2015 ., p.
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29 Indonesia announced its ratification in 1985, however, with the UN Secretary General Indonesia's ratification was only recorded on February 3 1986. See: Etty R. Agoes, "Strengthening International Maritime Law",... Ibid.
30 State Gazette 1985 Number 76, Supplement to State Gazette Number 3319), dated 31 December 1985.
31 UNCLOS 1982, Article 192 concerning general obligations
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3.3. Regulation of Mangrove Conservation Areas in Coastal Areas and Small Islands.
Based on Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Ecosystems. The concept of mangrove ecosystem management is based on the concept of conservation, through activities including:32
1) Protection of life support systems, namely protection of all natural processes from various biological and non-biological elements;
2) Preserving the diversity of plant and animal species and their ecosystems;
3) Sustainable use of biological natural resources and their ecosystems.
Conservation actions for an ecosystem, or the habitat of various species, are not about considering that the life of a species is more important than human life, but rather that the preservation of a species as an organism shows a healthy ecosystem so that it continues to function normally, which is precisely what supports the sustainability of human life. Therefore, the development of conservation areas is aimed at preserving biological natural resources and their ecosystems so that they can better support efforts to improve community welfare and the quality of human life.
Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems, conservation of biological natural resources is defined as the management of biological natural resources whose use is carried out wisely to ensure the continuity of their supply while maintaining and improving the quality of their diversity and values.
In general, forms of conservation can be divided into 2 (two) groups, namely:
1. In-situ conservation is a flora/fauna conservation activity carried out in its natural habitat. In situ conservation includes natural reserve areas (Natural Reserves and Wildlife Reserves) and nature conservation areas (National Parks, Grand Forest Parks and Nature Tourism Parks).
2. Ex-situ conservation, namely flora/fauna conservation activities carried out outside their natural habitat. Ex situ conservation is carried out by conservation institutions, such as botanical gardens, arbetrums, zoos, safari parks, and places where animal seeds and sperm are stored.
Mangrove/Mangrove Ecosystem, basically this ecosystem does not only extend in marine areas (salt water) but also in limnic (freshwater) areas, so it is called a semiterrestrial ecosystem. In mangrove ecosystems, the composition of cover plants is determined by several main factors, namely substrate (form, texture and stability), tidal conditions (frequency, depth, and/or duration of inundation), and salinity (daily and seasonal variations). In Indonesia, the diversity of mangrove species has been recorded at 243 species belonging to 197 genera and 83 tribes out of 268 species in Southeast Asia.33
32 Bambang Pamulardi, Forestry Law and Development in the Forestry Sector, PT Raja Grafindo Persada, Jakarta, 1999., p. 186 - 187
33 Giersen et al, Mangrove guidebook for Southeast Asia, Food and Agricultural Organization and Wetlands International, Bangkok, Thailand, 2007, in Wahyuningsih Darajati et al, Indonesian Biodiversity Strategy and Action Plan (IBSAP) 2015-2020, Ministry of National Development Planning, Jakarta, 2016. , p. 39
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In Indonesia, it is recorded that mangrove ecosystems differ from one island to another. Of the 202 known mangrove species, 166 species are found in Java, 157 species in Sumatra, 150 species in Kalimantan, 142 species in Irian Jaya, 135 species in Sulawesi, 133 species in Maluku and 120 species in the Lesser Sunda Islands. In 2013, Indonesia's mangrove area almost reached 3.24 million hectares.34
The coastal area of Binanga village and its surroundings in Sendana District, Majene Regency, West Sulawesi, is a mangrove forested coastal area with an area of approximately 17.79 ha.35 Binanga Village extends from north to south where on the west side there is a location that has been planted with mangroves by a foundation that has been in the village since 1990 with a mangrove area of 60 ha, which makes this location a Mangrove Learning Center in West Sulawesi Province.
The existence of mangrove forests in Binanga village and its surroundings in Sendana District, Majene Regency, West Sulawesi really supports the lives of the people, most of whom depend on fishing for their livelihood. Therefore, consideration of ecological, social and economic factors cannot be separated in various mangrove management alternatives. For this reason, in its allocation and management it is necessary to apply a requesting or zoning system, including:36
1. Core Zone: a zone/area that cannot be used for human purposes (free from human interference), so that the vegetation that grows is truly natural, and is also a place where various mangrove biota and animals live, such as: shrimp , crabs, fish, including various types of birds, reptiles and insects.
2. Management Zone: an area managed by humans, so that its resources can be utilized by humans with the concept of sustainable use (can be restored). This concept is of course based on careful planning and management, so that damage to the ecosystem can be kept to a minimum. Examples of uses: for research, education.
3. Development/utilization zone: a zone that can be utilized for human benefit in terms of supporting people's welfare. This use is for fish farming purposes or for harvesting forest products (fruit, latex). So this zone is an alternative development that can be used for the common good, but is still under the supervision of the Agency (Environmental and Forestry Service) and indigenous/local communities.
Zoning in principle divides the area within a conservation area into areas, for the purposes of different levels of utilization. Zoning can be defined as an attempt (including engineering techniques) to divide an area in a conservation area into several different functional zones. The term zoning is widely used in spatial planning systems, such as the provisions in Law Number 26 of 2007 concerning Spatial Planning. Law Number 27 of 2007 concerning PWP-PK, Article 1 number 12 formulates the meaning
34 Saputro et al., Map of Indonesian Mangroves, Bakosurtanal, Bogor, 2009., quoted in Wahyuningsih Darajati et al, Ibid.
35 Data luas kawasan berhutan mangrove di desa Binanga, Totolisi, Palipi dan daerah Kandongan Kecamatan Sendana dimuat dalam Pasal 21 ayat (2) huruf d, Peraturan Daerah Kabupaten Majene Nomor 12 Tahun 2012 tentang Rencana Tata Ruang Wilayah Kabupaten Majene Tahun 2011 - 2031 (Lembaran Daerah Kabupaten Majene Tahun 2011 Nomor 12, Tambahan Lembaran Daerah Kabupaten Majene Nomor 28).
36 Muhammad Syaiful Anwar and Arthur Muhammad Farhaby, "Land Use Policy Analysis in Mangrove Forest Areas in Bangka Belitung Province", University of Bengkulu Law Journal, Volume 6 Number 1, April 2021., p. 25
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of Zoning as a form of engineering space utilization technique through determining functional boundaries in accordance with resource potential and carrying capacity as well as ecological processes that take place as one unit in the coastal ecosystem.
Regarding the type of zoning between the forestry regime and the coastal regime, namely regarding conservation area norms. The definition of a conservation area in statutory regulations has various definitions. Conservation areas in coastal areas and small islands are coastal areas and small islands with certain characteristics that are protected to realize sustainable management of coastal areas and small islands.37 Furthermore, conservation areas related to fisheries as regulated in Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009, include, among others, coral reefs, seagrass beds, mangroves, swamps, lakes, rivers, and reservoirs which are considered important for conservation.
In this case, the Government can designate conservation areas, among others, as marine natural reserves, aquatic national parks, aquatic tourism parks, and/or fisheries reserves.38 These conservation areas are designated by the Minister of Maritime Affairs and Fisheries as having the characteristics of being a single ecosystem organized to protect:39 fish resources; stopover places and/or migration routes for other marine biota; areas governed by certain customs, such as sasi, mane'e, panglima laot, awig- awig, and/or other terms of certain customs; and coastal ecosystems that are unique and/or vulnerable to change.
This is also different from the regulations in Law Number 5 of 1990 concerning KSDAHE. Conservation of biological natural resources is the management of biological natural resources whose use is carried out wisely to ensure the continuity of their supply while maintaining and improving the quality of their diversity and value40 Conservation areas in forest areas consist of: nature conservation areas and nature reserve areas. Natural reserve areas consist of nature reserves and wildlife sanctuaries, while nature conservation areas consist of national parks, grand forest parks and natural tourism parks.
Law Number 27 of 2007 as amended by Law Number 1 of 2014 concerning PWP-PK, conservation areas consist of core zones, limited use zones and other zones in accordance with the area designation. Another problem apart from the different types of conservation area zoning, is that coastal areas may be designated as forest areas, for example mangrove forest areas. This means that in coastal areas, there are actually 2 (two) forms of regulation, namely the forestry regime and the coastal regime.
Conservation cannot be understood only as a protection effort, but as a balanced preservation and sustainable use effort which is implemented synergistically which ultimately has an impact on the welfare of the community. Conservation is a prerequisite for sustainable development which unites the concept of ecological carrying capacity with the concepts of growth and development.41
37 Article 1 number 20 Law Number 27 of 2007
38 Explanation of Article 13 paragraph (1) of Law Number 31 of 2004.
39 Article 28 Law Number 27 of 2007
40 Article 1 number 2 Law Number 5 of 1990
41 Jeffrey A. McNeely, Economics and Biodiversity: Developing and Utilizing Economic Stimuli to Preserve Biological Resources, Indonesian Obor Foundation, Jakarta, 1992., p. 3
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It is important to note that "conservation" does not mean non-use, but conservation means wise use, which supports sustainable development.42 Therefore, conservation is the management of human use of the biosphere, so that it can produce the greatest sustainable benefits for present generations, while maintaining its potential to meet the needs and aspirations of future generations.43
4. CONCLUSION
Mangrove forests are clearly an inseparable part of communities in coastal areas, including coastal communities in Binanga Village, Sendana District, Majene Regency, West Sulawesi Province. However, as time goes by, increasing demands on the community's economic needs and the development of environmentally unfriendly infrastructure causes massive damage to mangrove forests from year to year.
Therefore, the policy of regulating coastal areas as mangrove conservation zones needs to be managed wisely and sustainably so that the impact of human activities can be controlled and some coastal areas are maintained for conservation.
Conservation areas have an important role and meaning in life, because they have infinite real and intrinsic values: ecological, economic, social. For this reason, it is necessary to institutionalize mangrove resource management in Binanga village, by optimizing the role of the village government and establishing a Mangrove Forest Resource Management Institution (LPS-HM) in the village as a formal institution established by the Village Government.
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42 Ibid. p. 11
43 Ibid.
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