Legal Protection of Coastal Communities’ Private-Law Rights in the Allocation of Marine Space for Aquaculture in Indonesia

Abstrak

The allocation of marine space for aquaculture affects both business operations and the rights of coastal communities using the same waters. These rights require particular attention when community members manage production or provide labour while other parties own the facilities and hold spatial approval. This study examines the legal position of coastal communities’ private-law rights and the adequacy of their protection under Indonesian law. It uses normative legal research with statute and conceptual approaches, drawing on legislation, legal scholarship, and studies of coastal resource use. UNCLOS 1982 provides the jurisdictional context, while Indonesian law provides the basis for assessing spatial authorisation, asset ownership, contractual entitlements, and community access. The analysis shows that these rights have different legal sources and cannot be inferred from participation in aquaculture alone. Indonesian law protects community access, imposes obligations on approval holders, and requires written agreements within specified aquaculture relationships. Adequate protection requires these provisions to be connected to identifiable users and clearly defined obligations. This study proposes documenting existing uses and passage routes, clarifying payment calculations and deductible expenses, and addressing outstanding rights when spatial approval or operations end. Legal protection therefore requires coordination between marine spatial regulation and private-law arrangements, while distinguishing coastal residents generally from customary law communities.