数字千年版权法保护策略的有效性——吉利苏拉特和吉利拉旺

Fitriah Kartini
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引用次数: 1

摘要

这项研究是在东龙目岛Gili Sulat和Gili Lawang的区域海洋保护区(DMCA)进行的。Gili Sulat和Gili Lawang的DMCA由印度尼西亚海洋事务和渔业部共同渔业项目于2004年建立,作为沿海资源可持续性参与式管理的一部分。制定DMCA的目的是为了减少长期存在的轰炸、投毒等破坏性捕捞活动。本研究采用半结构问卷、个人访谈、参与观察、文献回顾及生活史等方法收集资料。与苏吉安村的渔民、DMCA渔业管理委员会、居住在苏吉安村的当地社区以及村、地方和区域各级政府进行了讨论。为了分析研究结果,本文结合法律多元主义和产权理论,对法律和制度安排进行了分析。该研究表明,DMCA中有两种法律并存,即州法和习惯法,称为awig-awig。州法律涵盖了DMCA作为州财产的法律地位,地方政府有权管理它。同时,习惯法更多的是控制人们对DMCA的行为。此外,政府还成立了一个渔业管理委员会(KPPL),负责执行DMCA的日常实践,并有权对违规行为进行制裁。因此,在苏吉村出现了一些与DMCA有关的问题。这需要对沿海资源进行更好的管理,而规划应来自这些地方,并涉及基层。最后,研究表明,DMCA的管理应加强对各方特别是社区层面的管理,以便所有人都能明确问题的焦点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Effectiveness of Awig-Awig as A Strategy to Protect DMCA Gili Sulat and Gili Lawang
This study was carried out in the District Marine Conservation Area (DMCA) of Gili Sulat and Gili Lawang, East Lombok. DMCA of Gili Sulat and Gili Lawang have established by Co-Fish Project of Marine Affairs and Fisheries Ministry of Indonesia in 2004 as part of participative management sustainability to coastal resources. The aim of establishing DMCA is to decrease destructive fishing activities such as bombing and poisoning that has been practices for long time. In this study, data were collected through semi structure questionnaires, personal interview, participant observation, document reviews, and life history. Discussions were held with the fishermen in Sugian Village, fisheries management committee of DMCA, local communities who living in Sugian Village and government in village, local and regional level. In order to analyze the findings, an analyzing of legal and institutional arrangements is used combining with the theories of legal pluralism and property rights. The study revealed that there are two laws coexist in DMCA as state laws and customary laws called awig-awig. State laws are covered legal status of DMCA as property of state where local government has authority to manage it. Meanwhile, customary laws are more to control people behaviors towards DMCA. Moreover, a fisheries management committee (KPPL) has formed by government to enforce day-to-day awig-awig practices towards DMCA and has its authority to invoke sanctions for rule breaking. Because of this, several problems arose in Sugian Village concerning to DMCA. This required better management of coastal resources where planning should be come from and involve grass root level. Finally, the study revealed that management of DMCA should be reinforced to all parties particularly on communities’ level, so that the problem foci can be clear for all.
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