Authorizing Coastal Communities in Fisheries Surveillance: lessons from implementing formal and customary laws in Indonesia

Abstract

Indonesia, as an archipelagic nation, faces persistent challenges in managing its vast marine and fishery resources, particularly the continuing illegal, unreported, and unregulated (IUU) fishing that causes significant economic and environmental losses. To address inadequate supervision, the government established the Kelompok Masyarakat Pengawas (Pokmaswas) (community-based surveillance group), a formal community surveillance groups operating under state law, alongside existing traditional governance systems known as Masyarakat Hukum Adat (MHA) (customary law communities), which function under customary law frameworks such as Panglima Laot (sea commander) and Awig-awig (customary law).

Using the institutional analysis and development (IAD) framework, this article features the dynamics and potential synergy between Pokmaswas and MHA. The analysis revealed a substantial overlap in the action arenas as both institutions manage similar coastal and marine resources within often intersecting formal and customary zones. This overlap resulted in functional convergence, particularly in handling violations. Rather than being redundant, such convergence provides opportunities for institutional strengthening: Pokmaswas contributes formal legal authority for addressing major infractions, while MHA provides deep-rooted social legitimacy, effective customary sanctions, and high community compliance. Together, they can bridge the weaknesses of Pokmaswas, such as bureaucratic limitations and resource constraints, by leveraging the trust and local influence of MHA.