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Setyawan, Agus; Sinaga, Parbuntian; Bhakti, Teguh Satya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the authority structure between the Ministry of Maritime Affairs and Fisheries (KKP) and Regional Governments in managing coastal areas through marine spatial utilization following the enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. The main instrument studied is the Confirmation of Conformity of Marine Spatial Utilization Activities (KKPRL), which functions as a licensing instrument and a control mechanism to ensure that marine spatial utilization activities remain directed, integrated, and aligned with the principles of ecological, social, and economic sustainability. The research approach used is a juridical-empirical approach with a qualitative descriptive analysis method. Through this approach, the research not only examines legal norms but also captures the practice of implementing authority in the field. The results show that although the Job Creation Law is oriented towards simplifying business licensing, several problems remain that have implications for the effectiveness of coastal governance. These issues include disharmony between central and regional regulations, overlapping authority between the Ministry of Marine Affairs and Fisheries (KKPRL) and regional governments, and weak synchronization between national policies and regional instruments such as the Coastal and Small Islands Zoning Plan (RZWP3K). In addition to regulatory constraints, this study also highlights institutional and technical aspects. Limited human resource capacity in the regions, a lack of understanding of KKPRL procedures, and minimal inter-agency coordination hamper the effectiveness of coastal management. These conditions result in slow investment realization, conflicts over spatial use, and potential coastal environmental degradation. Therefore, this study recommends a strategy for harmonizing authority through improving vertical-horizontal coordination, strengthening the institutional capacity of regional governments, and developing derivative regulations consistent with the principles of good governance.

Maria Elviana Lelangwayan; Aksi Sinurat; Orpa Ganefo Manuain

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries recognizes corporations as subjects of criminal acts in criminal acts in the fisheries sector, but the corporations are not held criminally responsible.This research is a normative legal research, using a statutory approach and a conceptual approach with literature study techniques or document studies. The processing of legal materials is carried out with several processes, namely the validity of legal materials, classification of legal materials, recording legal materials and analysis of legal materials. Analysis of legal materials is carried out in a normative qualitative juridical manner with descriptive and prescriptive analysis. The results of this study indicate  first, the regulation of corporate criminal liability in the current Fisheries Law still has shortcomings/weaknesses, namely it does not clearly formulate when a corporation is said to have committed a crime and based on the history of the development of corporations as subjects of criminal law, corporate criminal liability in the current Fisheries Law is still at stage II where corporations are recognized as perpetrators of criminal acts, but their criminal liability has not directly affected the corporation and only the corporate administrators are responsible. Second, the regulation of corporate criminal liability in the future can be seen in the Fisheries Bill which has answered the weaknesses/deficiencies in the Fisheries Law and has accommodated corporate criminal liability where corporations can be subject to principal or additional criminal sanctions for the crimes they commit.