Legal Literacy - Phenomenon Sea Fence which is currently rife in Indonesia, has become a concern for various groups, especially fishermen. The existence of these fences limits fishermen's access to utilizing marine waters as a source of livelihood. This raises polemics in society, considering that the sea should be a public space that can be utilized fairly by all parties.
The emergence of this problem has triggered various theories and assumptions, especially regarding the legality of fencing off marine waters. One theory that has developed is the concept of rights over marine waters, which is linked to the principle of restoration. Etymologically, "restoration" means returning or restoring something to its original condition. If it is associated with agrarian law, the seabed can be considered as land that can be owned or granted certain rights as land on land. Therefore, the assumption arises that rights over marine waters can be recognized based on the principle of land restoration.
However, this idea contradicts the principle in agrarian law which states that a right to land will be lost when the land is destroyed. In a legal context, "destroyed land" is land that has undergone a change in shape due to natural events so that it can no longer function. If it is associated with marine waters, then granting rights to land in marine waters can be considered an action that is not in accordance with applicable legal provisions. In other words, controlling the sea through fences or physical barriers has the potential to violate the law and is illegal.
In addition to the legal aspects, the social and economic impacts of the Sea Fence phenomenon also need to be considered. Many fishermen are losing access to their fishing areas because waters that should be used by the public are being claimed by certain parties. This not only threatens the welfare of fishermen, but can also trigger social conflicts in coastal communities.
The Sea Fence phenomenon creates a legal and social dilemma in Indonesia. On the one hand, there are efforts to regulate the utilization of marine waters, but on the other hand, restricting access to the sea contradicts the rights of fishermen and the principle of justice in the utilization of natural resources. Therefore, clearer regulations and strict law enforcement are needed to prevent illegal practices that harm the community. The government, academics, and other stakeholders must find the best solution so that the utilization of the sea remains fair, sustainable, and in accordance with applicable law.
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