The Problem of The Mysterious Sea Fence In The Waters of Tangerang Regency

Abstract

The "sea fence" case has shocked the public and raised fundamental questions about how natural resources that should belong to the common good are instead controlled by a handful of people. The sea, which should be a national asset and support the people's welfare, has now become private property, arbitrarily claimed by large corporations. Even more ironic, this practice involves state officials, from the village level to ministerial officials. This was not simply an economic issue, but a betrayal of the values ​​of Pancasila, particularly the fifth principle, Social justice for all Indonesians. Various legal, economic, social, and environmental issues have arisen as a result of the construction of the 30.16-kilometer sea fence in Tangerang waters. The presence of this sea fence prevents fishermen from accessing their fishing grounds, resulting in decreased catches, increased operational costs, and increased vessel damage. Furthermore, this sea fence also negatively impacts the marine ecosystem, disrupting water flow and accelerating sedimentation, which can damage marine biota habitats. From a legal perspective, this sea fence violates several national laws and the international law UNCLOS. This study uses a normative juridical method with a legislative approach and case studies. The results of the study show thatthe construction of sea fences benefits businesses more than the well-being of coastal communities, thus contradicting the principles of social justice and the public interest. Therefore, the government needs to take firm legal action and implement pro-community policies to address the negative impacts of sea fences on social life and the environment.