Draft regulations initiated by joint collaboration

Draft Regulation of the Kutai District Head on Standardized Ponds

Kutai District collaboration in regional law-making initiatives concerning fisheries was suggested by the Kutai Kartanegara District’s Committee on Conflict Resolution (KKDCCR).

The making ofDraft Regulation ofKutai District Head on Standardized Ponds was born from the experiences of the KKDCCR. With regard to fishery disputes, the KKDCCR had long encountered a common pattern whereby shrimp farmers complained that company activities had contaminated the water in the ponds and damaged pond constructions. For any loss resulting from the contamination and damage, the farmers asked the company for compensation. The success of earlier complaints for compensation actually inspired other farmers to behave similarly so that the number of complaints increased gradually.

In response to the growing number of complaints, the KKDCCR had to think of a way to control them. The team, therefore, decided that it was best to select complaints that really needed settling, which meant that they could refuse complaints that did not meet approved formal criteria. The team eventually came up with a definition of a ‘standardized pond'. The basic idea was that only the complaints of farmers whose shrimp ponds met the criteria of a ‘standardized pond' would be taken into account. Like other fishery policies and regulations of the Kutai District, the standard definition aimed at developing sustainable shrimp ponds which at the same time added to local income.

After half a year of occasional meetings, the KKDCCR organised several further, more regular meetings. To make use of all insights that had arisen during the meetings, two lecturers from the Faculty of Fishery and Marine Science of Mulawarman University were brought in to digest and write the remarks down in a draft concept paper.

The KKDCCR did not deem it necessary to consult with the shrimp farmers or even the larger shrimp entrepreneurs (punggawas) for input on the concept paper, as they regarded the scientific input from academics as more reliable. Besides, in their view, the concept paper contained rather technical matters which the farmers would probably find difficult to understand. What the farmers needed to do at the time of interviewing, was to develop their ponds in accordance with the ‘standardized pond'. In any case, the KKDCCR felt that they already knew what the farmers thought for they had met the farmers many times.

After the concept paper was completed, the KKDCCR asked the Legal Bureau of the Kutai District government to convert it into a legal text. They opted for a Regulation of the Kutai District Head instead of a Kutai Regulation. The making of the latter would take longer because it required a political process with the District parliament members. Yet, as of 2009, the drafting process of the regulation has stagnated due to two factors. First, the Deputy Head of Kutai District was detained by Indonesia's Commission on the Eradication of Corruption in 2008 for corruption charges, making it difficult to ask for his signature. Second, some key actors who used to actively engage in the formulation of the concept paper had been moved to other agencies, which did not deal with the issue of the Mahakam Delta. As a result, they could no longer engage in the drafting process. Meanwhile, officials who took over the position of the previous key actors were not as concerned about the issue of the Mahakam Delta as their predecessors.

Following its title, the provisions of the Draft Regulation of the Kutai District Head on Standardized Ponds chiefly determine the standards for ponds with regard to the following three matters: location, construction, and management. With regard to location, the draft regulation stipulates one thing which is in direct contrast with what has actually been happening on the ground: it forbids all ponds which do not comply with land use planning. An instance of non-compliance is if a pond is located along a green belt (sabuk hijau). Concerning construction, the draft regulation states that the size of an ideal shrimp pond cannot exceed two hectares. In addition, the pond shall not be badly constructed to avoid it from being easily damaged by sea waves. Last, the draft regulation prohibits the use of chemical fertiliser in an attempt to prevent environmental destruction.