Empowerment of the Fishermen Community in Pabeanudik Village: A Case Study of Legal Protection

This study aims to examine the implementation of legal protection for the fishermen community in Pabeanudik Village. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe the problem and answer study purposes. The results show that there are contradictory explanations from several laws and regulations regarding the status of fishermen as legal subjects. In addition, most Fishers do not receive guarantees of safety and security from Fishing Vessel Owner when going to sea on the high seas. In addition to weak legal protection, Fishers also received less guidance and guarantees for legal assistance from the Local Government. Therefore, it is recommended that the Government make amendments to several laws and regulations. In this case, to equalize the explanation of the status of fishermen as legal subjects. Furthermore, the Local Government must implement protection and empowerment policies regulated in laws and regulations. These include business certainty, elimination of high-cost economic practices, provision of production facilities and infrastructure, guarantees against risks in the fishing business, and assistance for fishermen who have difficulty catching fish. In addition, support in the form of protection and empowerment is given exclusively to small fishermen and fishers so that the series of problems described can be minimized in the future.


INTRODUCTION
The territory of a country can be reached by land, air, and sea. However, not all countries have sea territories or are bordered by oceans (Beckman, 2017). So only some countries have jurisdiction over the subject of maritime or marine areas. On the other hand, there are bilateral or multilateral cooperative relations related to export and import cargo expeditions, so the sea often functions as the border for the state's power (Bennett, 2013).
Apart from the benefits of the expedition, the sea also contains much natural wealth. Indonesia, the largest archipelagic country in the world with a sea area of 5.8 million m 2 , contains extraordinary marine wealth, including the potential for fisheries, the marine industry, marine services, transportation, and nautical tourism (BKIPM, 2022).
Industri perikanan yang dikelola masyarakat juga didasarkan pada potensi sumber daya laut Indonesia. Pelaku industri perikanan juga bekerjasama atau mempekerjakan banyak nelayan. Salah satu kegiatan yang dilakukan oleh Masyarakat Nelayan sustainable potential of 12.01 million tons/year and a large diversity of fish species spread throughout Indonesian waters (DJPT, 2022). Furthermore, marine biota resources, such as fish, coral reefs and mangroves, can be found along the Indonesian coastline (Ferrol-Schulte et al., 2015). In addition, many non-renewable resources in the Indonesian seas, such as oil and other minerals.
With the quality and diversity of marine resources, it is appropriate to manage and utilize them for the benefit of the nation and state (Jazuli, 2015). From the above considerations, it is understood that the management of fish resources must be carried out fairly and equitably in the framework of implementing national development with an archipelagic perspective, as well as the preservation of fish resources and the environment. On the other hand, the potential for natural resources along Indonesia's coasts and waters is enormous, with an estimated fishery production capacity of around 7 million tons/year. Meanwhile, 22% of Indonesia's total population or around 41 million people, live in coastal areas (BPS, 2022a). Therefore, the implementation must also prioritize the growth of employment opportunities and the improvement of the standard of living of fishermen, fish cultivators, or parties involved in fishing activities (Pramoda & Apriliani, 2019).
In addition, the utilization of natural resources must be followed by excellent and directed management so that no damage to natural resources is detrimental to the people of Indonesia. Meanwhile, the principle of utilization which is adhered to in Indonesian law is a logical consequence of accepting Pancasila as a way of life, especially the precepts of social justice for all the people of Indonesia.
The community-managed fishing industry is also based on the potential of Indonesia's marine resources. Fishery industry actors also cooperate with or employ many fishers. One of the activities carried out by the Fishermen Community as one of their livelihoods is the capture fisheries industry. In this case, fishing activities, including fishing in the sea, are related to the fishing business. Article 25 section (1) of Law No. 45 of 2009 regulates that: "The fishing business is carried out in a fishery business system which includes pre-production, production, processing, and marketing." On the other hand, the status of fishermen consists of owner fishermen or fishing vessel owner and fisher. In addition, Law No. 45 of 2009 also classifies the status of fishermen and small fishermen. Labour protection is also implemented for the fisher to improve their welfare (Afriansyah et al., 2021). The labour protection process must be carried out with careful, coordinated, balanced preparation and implementation. "Labour is any person who can do work to produce goods and or services to meet their own needs and that of the community." Soedarjadi (2008) further explained that there are several forms of protection in Law No. 13 of 2003, including: 1. Protection of the fundamental rights of workers or labourers to negotiate with companies or entrepreneurs; 2. Protection of occupational safety and health; 3. Specific protection for workers or labourers of women, children, and persons with disabilities; and 4. Protection of wages, welfare, and social security for labourers.
Therefore, the legal protection described above aims to eradicate oppression and make fishers more humane. In addition, it guarantees fundamental rights for fishers and ensures that everyone has the same opportunity to enjoy a better life (Riyaadhotunnisa et al., 2022).
The laws and regulations in the industrial sector that the Government has established so far have yet to contribute positively to the development of the Indonesian fishery sector. Empirically, with the enormous potential of fisheries resources, the development of the fisheries sector has received less attention and has always been sidelined (Sasvia, 2019).
regarding the protection of the Fishermen Community is located in Pabeanudik Village, Indramayu Subdistrict, Indramayu Regency. On the other hand, the population of Pabeanudik Village in 2021 was 14,226 people, with the majority working as small fishermen and fishers (BPS, 2022b).
In addition, several previous studies related to Fishermen Community have also been conducted in Indramayu Regency. Ma'arif et al. (2016) concluded that fisher could increase their knowledge, skills, and income. However, they still need more intensive assistance. Hikmah and Nasution (2017) concluded that various problems still often become obstacles for fishers and migrant fishermen. In this case, work period uncertainty, injustice in the distribution of wages, high business risks, the lack of guarantees, and legal assistance. Widianingsih et al. (2022) concluded that empowerment training and mentoring activities provide benefits, increase knowledge, and motivate a fisher wife to change their childcare patterns. This training activity is also expected to be continued in subsequent programs.
Based on the description above, this study aims to examine the implementation of legal protection for the fishermen community in Pabeanudik Village.

METHOD
This research combines normative juridical and empirical research methods. Normative juridical research analyzes legal problems by referring to and originating from legal norms (Diantha, 2017). In contrast, empirical is research whose object of study includes the provisions of laws and regulations (in abstraco) and their application to legal events (in concreto) (Qamar & Rezah, 2022). Furthermore, this type of empirical legal research focuses on legal practice as a social phenomenon in terms of the reciprocal relationships caused by social phenomena, including economic, political, social, psychological, and anthropological aspects (Irwansyah, 2021). This research was carried out in August 2022 in Pabeanudik Village, Indramayu Sub-district, Indramayu Regency. The informants in this study consisted of Officials of the Department of Fisheries and Maritime Affairs of the Government of Indramayu Regency, the Marine Police Division of Indramayu Resort Police, Pabeanudik Village Office Staff, and Fishers were selected with a purposive sampling technique. The types and sources of data used in this research are as follows: 1. Primary Data is data obtained directly from informants based on sample determination; 2. Secondary Data is data obtained from searching legal literature, including laws and regulations, references, legal scientific journals, legal encyclopedias, and texts or official publications.

HASIL DAN PEMBAHASAN Aktivitas Usaha Masyarakat Nelayan di Desa Pabeanudik
Sumber daya perikanan di Kabupaten Indramayu sangat beragam. Secara umum, aktivitas perikanan berdasarkan sumber daya tersebut terdiri dari: The primary data were collected using direct interviews with four informants. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed qualitatively to describe the problem and answer study purposes (Qamar & Rezah, 2020).

Fishermen Community Business Activities in Pabeanudik Village
Fishery resources in Indramayu Regency are very diverse. In general, fishery activities based on these resources consist of the following: 1. Fisheries production; a. Marine/capture fishery; b. Ponds; c. Freshwater pools; d. Public waters; e. Seaweed cultivation. 2. Processed production of consumption of fishery and marine products; 3. People's salt production; Most of the above fishing activities results are sold outside Indramayu Regency, mainly to big cities in Indonesia. Based on the report from the Department of Fisheries and Maritime Affairs of the Government of Indramayu Regency (2022), pond fishery production provides the most significant production value compared to other production values. In this case, the production value of pond fisheries during 2021 is IDR 6,499,733,562.00. Therefore, efforts to develop the aquaculture sector must be appropriately managed to sustain its utilization.
Furthermore, Pabeanudik is one of the villages in Indramayu Regency where most of the people work as fishermen. At the same time, the status of fishermen consists of owner fishermen or fishing vessel owner and fisher. "Fisher is anyone employed on a fishing vessel to capture fishing business activities." Apart from the explanation of the provisions above, there is also the status of fishermen and small fishermen. In this case, Article 1 point 10 of Law No. 45 of 2009 explains that "a fisherman is a person whose livelihood is fishing." In contrast, Article 1 point 11 of Law No. 45 of 2009 explains that: "A small fisherman is a person whose livelihood is fishing to meet the daily needs of those who use fishing vessels of no more than 5 (five) gross tons (GT)." Apart from fishermen, some people work as laborers in the fishing business. Fishing business laborers include loading and unloading fish and making fishing nets. In addition, there are 15 fishing business owners in Pabeanudik Village. Pabeanudik juga merupakan salah satu desa yang menjadi sentra pengolahan ikan mayung menjadi Ikan Asin Jambal Roti. Salah satu produk olahan untuk konsumsi hasil perikanan dan kelautan terletak di Jalan Tanggul Praja Gumiwang yang dirintis dengan skema usaha patungan. Berdekatan dengan Tempat Pelelangan Ikan menjadi salah satu alasan strategis pemilihan lokasi pusat pengolahan ikan. Dalam hal ini, produk olahan akan lebih efektif karena mudah mendapatkan bahan baku seperti ikan lele. Selain itu, lokasi produksi yang dekat dengan Tempat Pelelangan Ikan juga memberikan keuntungan karena dapat meminimalisir biaya transportasi.

Perlindungan Hukum bagi Masyarakat Nelayan di Desa Pabeanudik
Seperti Pabeanudik is also one of the villages which is a center for processing mayung fish into Ikan Asin Jambal Roti. One of the processed products for the consumption of fishery and marine products is located on Jalan Tanggul Praja Gumiwang, which was initiated with a joint venture scheme. Adjacent to the Fish Auction Place is one of the strategic reasons for choosing a fish processing center location. In this case, processed products will be more effective because it is easy to get raw materials like catfish. In addition, the production location, which is close to the Fish Auction Place, also provides an advantage because it can minimize transportation costs.
Dari kategori di atas, dapat dinilai bahwa yang membutuhkan perlindungan adalah Nelayan Pemilik dengan kapal penangkap ikan tidak lebih dari 5 sampai dengan lebih dari 100 GT. Di sisi lain, UU No. 45 Tahun 2009 hanya melindungi kapal berukuran tidak lebih a. provide the necessary infrastructure and facilities for developing the business; b. provide certainty of sustainable business; c. increase the ability and capacity of Fishermen, Fish Cultivators, and Salt Farmers; strengthen institutions in managing fish resources and marine resources as well as in executing businesses that are independent, productive, advanced, modern, and sustainable; and develop the principles of environmental sustainability; d. developing financing systems and institutions that serve business interests; e. protect from risks of natural disasters, climate change, and pollution; and f. provide guarantees of security and safety as well as legal assistance.
At the same time, the results of observations in Pabeanudik Village show that several categories of fishermen need to be protected, including: 1. There are approximately three small fishermen or fishers who use vessels of no more than 5 GT; 2. There are approximately six fishers who use vessels measuring 6 to 15 GT; 3. There are approximately ten fishers who use vessels measuring 16 to 50 GT; and 4. There are approximately 15 fishers who use vessels measuring 50 to over 100 GT.
From the categories above, it can be judged that those who need protection are Owner fishermen with fishing vessels of no more than 5 to over 100 GT. On the other hand, Law No. 45 of 2009 only protects vessels of no more than 5 GT. In contrast, protection, as based on Article 6 point d of Law No. 7 of 2016, regulates that: "Fishermen, as referred to in Article 5 section (1), include Owner fishermen who own fishing vessels, either in one unit or in a cumulative amount of more than 10 (ten) GT up to 60 (sixty) GT used in the fishing business." From the provisions above, it can be understood that not all owner fishermen in Pabeanudik Village will receive protection and empowerment. In this case, owner fishermen who own fishing vessels of over 60 GT must be independent and survive in business competition with other fish entrepreneurs.
On the other hand, the legal factor is one factor that influences the effectiveness of applying for legal protection. However, there are contradictory explanations from several laws and regulations regarding the status of legal subjects receiving protection. In this case, Law No. 45 of 2009 only protects small fishermen who use vessels of no more than 5 GT. In contrast, Law No. 7 of 2016 protects fisherman owners who own fishing vessels in a cumulative amount of more than ten up to 60 GT. The contradiction of this provision will affect and impact the protection application for fishermen as legal subjects.
Capital assistance facilities are also a form of protection and empowerment for fishermen (Jumena & Anom, 2021). However, this assistance facility does not apply to the category of fishermen referred to in Article 6 point d of Law No. 7 of 2016. In this case, Article 61 section (1) of Law No. 7 of 2016 regulates that: "The Government and Local Government, in accordance with their authority, are obliged to facilitate capital assistance and financial assistance for Small Fishermen, Traditional Fishermen, Labor Fishermen, Small Fish Cultivators, Farming Land Labor, Small Salt Farmers, and Salt Pond Labor, including families of fishermen and fish cultivators who processing and marketing." Therefore, the involvement of the Government and Local Government related to protection and empowerment as regulated in Law No. 45 of 2009 and Law No. 7 of 2016 in the outline includes: 1. Capital assistance facilities, simple working capital credit scheme, and low credit interest rates according to the ability of creditors; 2. Building organizations and cooperatives and providing counseling and training on catching, cultivating, processing, and marketing fishery products. Dari ketentuan di atas, dapat dipahami bahwa tidak semua nelayan pemilik di Desa Pabeanudik mendapatkan perlindungan dan pemberdayaan. Dalam hal ini, nelayan pemilik yang memiliki kapal penangkap ikan di atas 60 GT harus mandiri dan bertahan dalam persaingan bisnis dengan pengusaha ikan lainnya.
Even though there are regulations regarding capital assistance from the Government and Local Government, most small fishermen prefer to transact with moneylenders (Anhar et al., 2021). On the other hand, small fishermen are aware that the interest on loans provided by moneylenders is exceptionally high. However, small fishermen consider loans very easy to obtain, and the process is simple if to go to moneylenders.
In addition to small fishermen and fisherman owners, fishers also receive protection, as regulated in From the provisions above, it can be understood that legal protection efforts for fishers must also pay attention to the development of the commercial sector and the interests of owner fishermen or fishing vessel owners. Since 2020, the SSAA has taken over the provision of insurance for fishers. In addition, the Regional Government of Indramayu Regency is responsible for fisher's insurance contributions for 2020 to 2021. On the other hand, most Fishers refused to continue paying because they still hoped that the Regional Government of Indramayu Regency would complete the contribution payment. At the same time, Fishers also understand that fishing on the high seas carries a high risk. Therefore, a fraction of Fishers still chose to continue paying their insurance contributions independently to the SSAA.
In addition, Fishers must bear the cost of repairs in the event of damage to the vessel while sailing on the high seas. Ironically, Fishers must bear debt obligations to Fishing Vessel Owner if their catch is small or does not meet the catch target for sale. So that this problem is sometimes reported to the police so that Fishers is responsible and provides compensation to the Fishing Vessel Owner. Therefore, it is understandable that most Fishers do not have or receive legal protection guarantees regarding accidents, disasters, death, guarantees for legal assistance, and security guarantees when fishing on the high seas.
In addition to weak legal protection, Fishers also received less guidance from the Local Government. This condition was conveyed directly by one of the The statement above answers one of the debt problems faced by Fishers families often experienced with moneylenders. With Fishers' income after returning to sea, debt problems should no longer be a serious problem for Fisher's families.
Fishers' behavior toward using nets that do not comply with regulations or nets that are not environmentally friendly is another problem that often occurs. This problem was disclosed by personnel of the Marine Police Division of Indramayu Resort Police, who said: 4 "There are still many Fishermen using garok nets to catch fish. The case was handled by confiscating the fishing gear and handing it over to the Marine and Fisheries Resources Surveillance of the Northern Region of West Java Province." From the series of descriptions and statements above, it can be understood that the Fishermen's Community needs support from the Local Government. Support in the form of protection and empowerment is given exclusively to small fishermen and fishers so that the problems described above can be minimized in the future (Dewi, 2018).

CONCLUSIONS AND SUGGESTIONS
Based on the results and discussion above, it can be concluded that legal protection for the fishermen's community in Pabeanudik Village can be assessed based on several laws and regulations: Law No. 45 of 2009, Law No. 7 of 2016, and the MoMAaF Regulations No. 42/PERMEN-KP/2016. However, there are contradictory explanations from several laws and regulations regarding the status of fishermen as legal subjects. In addition, most Fishers do not receive guarantees of safety and security from Fishing Vessel Owner when going to sea on the high seas. In addition to weak legal protection, Fishers also received less guidance and guarantees for legal assistance from the Local Government. Based on the description of these conclusions, it is recommended that the Government make amendments to several laws and regulations. In this case, to equalize the explanation of the status of fishermen as legal subjects. Local Government must also provide legal protection assistance to Fishers if Fishing Vessel Owner sues them for damage to the vessel after going to sea. Furthermore, the Local Government must implement protection and empowerment policies regulated in laws and regulations. These include business certainty, elimination of high-cost economic practices, provision of production facilities and infrastructure, guarantees against risks in the fishing business, and assistance for fishermen who have difficulty catching fish. In addition, support in the form of protection and empowerment is given exclusively to small fishermen and fishers so that the series of problems described can be minimized in the future.