|
08 February 2007
COAST GUARD,ONE OPTION FOR MARINE SECURITY
Jakarta Post Opinion and Editorial - July 26, 2006
Dirhamsyah, Jakarta
Like most coastal states, Indonesia is charged with the tremendous task of protecting, conserving and managing its marine and coastal resources.
The country has strong laws that cover coastal and marine resource management but they are poorly enforced. Poaching in coastal areas is rampant, particularly in remote areas, with little effort made to stop such crimes.
These problems are due to several interrelated factors including limited funding, personnel and facilities; legal loop holes and a lack of integration in the laws and regulations for coastal and marine resource management; and a lack of coordination and communications among the various enforcement agencies.
There is also low environmental awareness in the country and its vast area requires constant surveillance and supervision.
Coordination among the various agencies responsible for law enforcement in the sea is also problematic. The government established the Coordinating Agency for Sea Security (Bakorkamla). In practice, however, it has not been easy for it to effectively play its role as a coordinating agency.
This institution is not able to respond to rampant transnational crimes. Ineffective surveillance and enforcement programs have caused the country to lose about US$10 billion annually. (Tempointeraktif website, Jan. 27, 2004).
Effective coordination among enforcement authorities is further undermined by the unclear delineation of duties and responsibilities, which has led to a degree of overlapping. The recent problem of oil spills in the Seribu Islands demonstrates this lack of coordination.
Although five oil spills have occurred in the Seribu Islands since 2003, there has been no effective response from the government.
Each agency appears to be working alone, carrying out separate investigations. To date, not one oil company that operated in Seribu Islands has been prosecuted.
This is a complex problem, which requires an integrated approach.
Indonesia still does not have its own coast guard.
There are at least three advantages of having a national organization responsible for services at sea.
First, a coast guard is a paramilitary organization. As a civil organization, a coast guard unit is better suited than a warship for going into sensitive areas to enforce maritime law or maintain sea marks or border control.
The interception of a foreign vessel by a coast guard vessel may be more accepted, or seen as legitimate law enforcement, than by a Navy vessel.
Second, coast guard vessels and aircraft are generally less expensive than naval units. As a civil organization, it is possible for a coast guard unit of a developing country to attract funding from international aid agencies.
Third, the establishment of a coast guard can promote an integrated law enforcement program, because all aspects, from the monitoring and surveillance of fisheries to customs and immigration, can be accommodated in one agency.
However, establishing a coast guard might generate heated debate. It would also require extensive amendments to many prevailing maritime laws because those laws give the Navy the right and duty to enforce maritime law.
|