Jan

30

The Essential Role of Marine Space Utilization Permits in Sustainable Marine Resource Management

Recently, the Ministry of Marine Affairs and Fisheries Republic of Indonesia (“KKP”) has urged operators involved in marine spatial activities to obtain the Conformity of Marine Spatial Utilization Activities (Kesesuaian Kegiatan Pemanfaatan Ruang Laut or “KKPRL”) permit. KKPRL refers to the alignment between the proposed marine activities and the spatial planning documents such as the Regional Spatial Plan (“RTR”) and/or the Zoning Plan (“RZ”). KKPRL is regulated under the Minister of Marine Affairs and Fisheries Regulation No. 28 of 2021 concerning the Implementation of Marine Spatial Planning, which serves as evidence that activities conducted within the marine space are lawful and will not be subject to government sanctions or closure.

KKPRL serves as a fundamental requirement for business permits and/or non-business permits, which must be possessed by operators involved in the utilization of marine space, including the surface waters, water columns, and/or seabeds, conducted continuously for a minimum of 30 days in coastal waters, marine areas, and jurisdictional zones for both business and non-business activities. The KKPRL permit is issued by the KKP based on the application submitted through the OSS electronic system.

The KKPRL permit is crucial for public interests, preventing conflicts in the use of marine space, and supporting ecological and economic balance within the framework of the blue economy which ensure the sustainable use of ocean resources for economic growth. The existence of KKPRL also provides many benefits for the sustainable management of marine space, as follows:

  1. Maintaining Ecological Balance, by ensuring that activities conducted in marine spaces are aligned with the designated zoning, KKPRL helps preserve marine ecosystems and prevents over-exploitation that could harm the environment.
  2. Avoiding Conflicts in the Use of Marine Space, KKPRL also functions to avoid overlapping marine spatial utilization across sectors or parties, whether between economic sectors, conservation efforts, or other uses of marine space.
  3. Supporting Sustainable Development, as part of the blue economy, KKPRL ensures that the utilization of marine space supports economic development without damaging valuable marine resources.

Operators without the KKPRL permit will face administrative sanctions as stipulated in Article 7 Paragraph (1) of the Minister of Marine Affairs and Fisheries Regulation No. 31 of 2021 regarding Administrative Sanctions in the Marine and Fisheries Sector. The administrative sanctions may include written warnings, government coercion, administrative fines, suspension of business permits, and/or revocation of business permits.

The significance of obtaining the KKPRL permit extends beyond ensuring the legality of marine activities; it also plays a crucial role in promoting improved and sustainable marine spatial management. Accordingly, all operators utilizing marine space in Indonesia shall ensure to comply with this regulation to avoid administrative sanctions that could adversely impact their business operations. By doing so, all stakeholders can benefit economically from Indonesia’s marine resources while prioritizing environmental sustainability.

If you, a prospective client, have further inquiries about the topic discussed above, Schinder Law Firm is one of the leading corporate law firms in Indonesia, with extensive experience handling similar matters. Our team of professional corporate and civil lawyers makes us one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author:
Dewi Susanti

Schinder Consultant London Ltd.

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