By Setyawati Fitranggraeni, Alicia Daphne Anugerah, Orima Melati Davey, Tiyana Sigi Pertiwi

1. Overview

As the world races toward a technological future, the fishermen of archipelagic Indonesia are the enduring guardians of its national wealth. Whilst the core activity of fishermen is to catch or harvest fish, the reliance on the ocean natural resources shall be hand-in-hand with technological advancement in this century. With approximately 3 million fishermen,[1] Indonesia is also urged to incorporate technological aspect in the process of fish catching for the fishermen. In 2019, through Ministry of Ocean and Fisheries Regulation Number 10 of 2019 concerning Fisheries Vessel Monitoring System (MoOFR 10/2019) that had been lifted, the government mandated the application of Vessel Monitoring System (VMS) for a fishing vessel over 30 GT.[2] The Ministry of Ocean and Fisheries of Republic of Indonesia (KKP) asserted that the application of VMS can offer various benefits both for fishermen and the government.

VMS is served as monitoring and surveillance system for fishing vessels.[3] To add, VMS is also believed to enhance safety towards the fishermen as VMS operates on a satellite basis.[4] This entails that VMS can enhance safety by giving data on the location of the vessel on a real time basis.[5] Beyond the direct benefits to fishers, the Ministry of Maritime Affairs and Fisheries (KKP) promotes VMS as a vital tool for enhancing transparency and combating illegal, unreported, and unregulated (IUU) fishing through precise, real-time data.[6]

Despite its many benefits for both the fishermen and the government, the application of VMS is not a one size fits all solution for our fishermen. The substantial financial burden presents a key adoption hurdle, with entry-level VMS devices costing up to 8 million IDR (not including maintenance), the technology is expensive for Indonesia’s small-scale fishing operators.[7] Study shows that the revenue for small-scale fishermen earn only 3.000.000-4.000.000 IDR per month.[8] Furthermore, this relatively low monthly revenue is not derived exclusively from fishing, indicating that these fishers must pursue another activities to sustain their households.[9] This means that the price of VMS is twice their monthly earning and it is not quite visible for the smaller-scale fishermen to purchase this device. On the other hand, these fishermen must also face with the binding regulation in order to keep their business alive.

2. Existing Law

Initially, the MoOFR 10/2019 that had been lifted mandated that only 30 GT above fishing vessels that hold license in Fisheries Management Area of the Republic of Indonesia (WPPNRI) applies the VMS.[10] Now that the MoOFR has been lifted, the new Ministry of Ocean and Fisheries Regulation Number 23 of 2021 concerning Operational Standards and Monitoring Systems for Fishing Vessels removed the “30 GT above” clause and mandated “fishing vessels” to apply VMS. This means that all fishing vessels, including the vessels of small-scale fishermen must embody the VMS. Meanwhile, our small-scale fishermen have already faced tremendous challenge in the fishing industry, such as, they must compete with the larger or mega fishing industry that can catch hundred tons of fishes in one catch. It is important to assess the potential effects of removing the “30 GT above” distinction. There is a risk that such a change could create competitive imbalances, disproportionately affecting small-scale fishermen who operate with different economic scales and capacities than major fisheries corporations.

There is also an inconsistency between the existing regulations concerning VMS. The regulatory framework for VMS is plagued by inconsistency. A direct conflict arises between Government Regulation 11 of 2023 concerning Measured Fish Captures, which exempts small-scale fisheries,[11] and the stricter MoOF Regulation 23/2021, which mandates universal adoption. While the principle of lex superior suggests the government regulation should prevail, the contradictory messaging creates confusion and risks unjustly targeting small-scale fishers caught between two rules.

3. Implementation

While the new regulation represents a positive step forward for the fisheries industry, its direct benefits have not yet fully reached all fishermen. Although legal principles exist to ensure certainty, the current regulatory landscape reveals some inconsistencies that require further harmonization. Advocacy groups, such as the People’s Coalition for Fisheries Justice (KIARA), note that more comprehensive socialization and assistance regarding VMS implementation would be beneficial. Reports indicate a degree of uncertainty among fishers regarding their obligations.[12] While the extension for VMS compliance until December 31, 2025, provided by KKP through SE No. 2403/2024 is a positive step, its successful implementation would be greatly enhanced by complementary government support. Addressing the specific concerns of smaller-scale fishermen will be crucial to ensuring a smooth and equitable transition for all stakeholders. Whilst KKP is trying to provide an affordable option of VMS device for smaller-scale fishermen,[13] aligning these policies will be crucial to fully realizing the Ministry’s vision for VMS and ensuring its successful adoption across all sectors, particularly among small-scale fishers.

4. Concluding Remarks

Therefore, a concerted effort towards regulatory coherence, coupled with targeted outreach and support programs, is essential. By clarifying mandates and proactively engaging with fishing communities, the government can bridge the current gap between policy intent and practical implementation. This will ensure that the regulation’s positive potential is fully realized, fostering both sustainable industry growth and equitable outcomes for all fishers.

References

Adisti Regita Ramadani, “Analisis Pendapatan Nelayan di Kecamatan Girisubo Kabupaten Gunungkidul” (2024) Interdisciplinary and Multidisciplinary Studies: Conference Series 2(2), pg. 137; see also Tempo, Pendapatan Nelayan Terus Turun dalam Lima Tahun Terakhir hingga 19,82 Persen < https://www.tempo.co/ekonomi/pendapatan-nelayan-terus-turun-dalam-lima-tahun-terakhir-hingga-19-82-persen-1211935>.

Between Iceland and Indonesia”

CNBC Indonesia, Miris! Nelayan di RI ternyata Masih Miskin https://www.cnbcindonesia.com/research/20240827143701-128-566756/miris-nelayan-di-ri-ternyata-makin-miskin.

Government Regulation 11 of 2023 concerning Measured Fish Captures, Art. 17(3).

KIARA, Ketidakjelasan Penggunaan VMS untuk Nelayan Kecil, KIARA: VMS Akan Mencekik Nelayan Kecil, Menteri Kelautan dan Perikanan Harus Tegas Menjelaskan Melalui Peraturan Sistem Pemantauan Kapal Perikanan! < https://www.kiara.or.id/2025/04/30/ketidakjelasan-penggunaan-vms-untuk-nelayan-kecil-kiara-vms-akan-mencekik-nelayan-kecil-menteri-kelautan-dan-perikanan-harus-tegas-menjelaskan-melalui-peraturan-sistem-pemantauan-kapal-perikanan/>.

Ministry of Ocean and Fisheries Regulation Number 10 of 2019 concerning Fisheries Vessel Monitoring System, Art. 11(1). (“MoOFR”)

MoOFR, Art. 11 (1).

Muhammad Suhendar, “Comparison of Vessel Monitoring System (VMS)

Putu Ristia Amandari, “Vessel Monitoring System (VMS) Technology as a Management Strategy for Longline Tuna Capture Fisheries in Benoa” (2024) Advances in Tropical Biodiversity and Environmental Sciences 8(2), pg. 70.

Siaran Pers Kementerian Kelautan dan Perikanan, Penggunaan VMS Jadi Kunci Keberlanjutan Sumber Daya Ikan, https://www.kkp.go.id/news/news-detail/penggunaan-vms-jadi-kunci-keberlanjutan-sumber-daya-ikan-lRL1.html.

Siaran Pers KKP, KKP Ungkap Alasan Kapal Perikanan Wajib Pasang VMS, < https://kkp.go.id/news/news-detail/kkp-ungkap-alasan-kapal-perikanan-wajib-pasang-vms-pZ26.html>.

[1] CNBC Indonesia, Miris! Nelayan di RI ternyata Masih Miskin https://www.cnbcindonesia.com/research/20240827143701-128-566756/miris-nelayan-di-ri-ternyata-makin-miskin.

[2] Ministry of Ocean and Fisheries Regulation Number 10 of 2019 concerning Fisheries Vessel Monitoring System, Art. 11(1). (“MoOFR”)

[3] Muhammad Suhendar, “Comparison of Vessel Monitoring System (VMS)

Between Iceland and Indonesia”

[4] Putu Ristia Amandari, “Vessel Monitoring System (VMS) Technology as a Management Strategy for Longline Tuna Capture Fisheries in Benoa” (2024) Advances in Tropical Biodiversity and Environmental Sciences 8(2), pg. 70.

[5] Ibid.

[6] Siaran Pers Kementerian Kelautan dan Perikanan, Penggunaan VMS Jadi Kunci Keberlanjutan Sumber Daya Ikan, https://www.kkp.go.id/news/news-detail/penggunaan-vms-jadi-kunci-keberlanjutan-sumber-daya-ikan-lRL1.html.

[7] Siaran Pers KKP, KKP Ungkap Alasan Kapal Perikanan Wajib Pasang VMS, < https://kkp.go.id/news/news-detail/kkp-ungkap-alasan-kapal-perikanan-wajib-pasang-vms-pZ26.html>.

[8] Adisti Regita Ramadani, “Analisis Pendapatan Nelayan di Kecamatan Girisubo Kabupaten Gunungkidul” (2024) Interdisciplinary and Multidisciplinary Studies: Conference Series 2(2), pg. 137; see also Tempo, Pendapatan Nelayan Terus Turun dalam Lima Tahun Terakhir hingga 19,82 Persen < https://www.tempo.co/ekonomi/pendapatan-nelayan-terus-turun-dalam-lima-tahun-terakhir-hingga-19-82-persen-1211935>.

[9] Ibid.

[10] MoOFR, Art. 11 (1).

[11] Government Regulation 11 of 2023 concerning Measured Fish Captures, Art. 17(3).

[12] KIARA, Ketidakjelasan Penggunaan VMS untuk Nelayan Kecil, KIARA: VMS Akan Mencekik Nelayan Kecil, Menteri Kelautan dan Perikanan Harus Tegas Menjelaskan Melalui Peraturan Sistem Pemantauan Kapal Perikanan! < https://www.kiara.or.id/2025/04/30/ketidakjelasan-penggunaan-vms-untuk-nelayan-kecil-kiara-vms-akan-mencekik-nelayan-kecil-menteri-kelautan-dan-perikanan-harus-tegas-menjelaskan-melalui-peraturan-sistem-pemantauan-kapal-perikanan/>.

[13] Siaran Pers KKP, KKP Ungkap Alasan Kapal Perikanan Wajib Pasang VMS, < https://kkp.go.id/news/news-detail/kkp-ungkap-alasan-kapal-perikanan-wajib-pasang-vms-pZ26.html>.

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