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Putting together Indonesia's national coast guard
In hot water: A flotilla of vessels belonging to the Maritime Security Agency takes part in a sail pass in the waters off the Natuna Islands in Riau Islands
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n hot water: A flotilla of vessels belonging to the Maritime Security Agency takes part in a sail pass in the waters off the Natuna Islands in Riau Islands. Indonesia is stepping up patrols in the waters following a series of incidents involving Chinese fishing vessels. (Antara/M. Risyal Hidayat)
As the world’s largest archipelagic state, Indonesia is in an ironic position in that it doesn’t have a national coast guard to help enforce the law in our maritime territory. Nevertheless, this is expected to change in the near future as Coordinating Maritime Affairs and Investment Minister Luhut Pandjaitan recently told the press that the government would merge all maritime security agencies into the Maritime Security Agency (Bakamla) as the sole national coast guard. Furthermore, Mahfud MD, the coordinating political, legal and security affairs minister, has begun discussions about drafting an umbrella law, or omnibus law, on maritime security.
Mahfud claimed that, despite skirmishes mainly with Chinese vessels in what we call the North Natuna Sea, President Joko “Jokowi” Widodo has instructed his administration to reorient maritime law enforcement. Mahfud later highlighted overlapping jurisdictions the various agencies have on our waters, and ongoing problems.
At present, Indonesia maintains various maritime security agencies to police its vast waters. During a meeting between the National Shipowners Assoication (INSA) and President Jokowi in December, at least three agencies claimed to be the nation’s “coast guard”: the Transportation Ministry’s Indonesian Coast and Sea Guard (KPLP), Bakamla, and the Air and Sea Police Corps (Korpolairud).
In entertaining the idea of Bakamla as the sole national coast guard, one has to think of the transformation that Bakamla will have to go through as it absorbs the various assets, expertise and systems from the other agencies.
Although Bakamla is structured as a civilian agency under the President, it actually has a number of officers from the Navy within its ranks and is subject to a certain degree of military culture. Bakamla will host an arsenal of offshore patrol vessels with similar dimensions to a naval corvette or frigates.
Traditionally, the role of maritime law enforcement falls into the hands of the Navy, which claims historical jurisdiction as the institution (Indonesian Military or TNI, that is) that liberated the people of Indonesia from colonialism. This follows a trend in Asia, where the Navy takes control of or is in charge of maritime law enforcement within the country. Examples of this are seen in Thailand, Myanmar and India.
However, as time progresses, navies fulfilling the role of maritime law enforcement have had a controversial implication, especially in the engagement of maritime boundary disputes.
As such, the norm dictates that navies are best tasked with preparing for fighting wars and deterring foreign aggression, while a national coast guard is responsible for law enforcement and safety and security in a national maritime territory.
Maritime security is seen as one huge pie that every relevant national agency is eager to gain a slice of by claiming jurisdiction to just about the smallest of problems in our maritime domain.
Illegal, unreported and unregulated (IUU) fishing, for example, a daily nuisance, has required the formation of a specialized task force (Task Force 115) under the past maritime and fisheries affairs.
Such a specialized taskforce is comprised of various agencies, including the TNI, to work together and effectively coordinate actions to mitigate the problem of IUU fishing.
Yet, no similar framework seems to exist to tackle other issues in our waters. Speaking directly with key stakeholders within the maritime domain, I grasped the difficulties for commercial vessels to transport cargo from one domestic port to another. They claim that their vessels, despite harbormaster approval to set sail, are still subjected to stop and search by the various maritime law enforcement agencies. Stories of extortion by the very same agencies are also rife, though government agencies a quick to deny such allegations.
Meanwhile, foreign maritime law enforcement agencies, and to an extent naval forces, continue to challenge our sovereignty in all corners of our porous maritime territory.
What we have here in Indonesia is a strong conflict of interest when it comes to establishing a single, national maritime law enforcement agency (or coast guard). The TNI continues to stake its claim as the principal institution of deterrence regarding both defense and criminal activities. The KPLP also asserts its role as the true civilian coast guard, as it is aptly named.
While Korpolairud under the National Police states that it serves to “protect, empower and serve” the people, wherever they may be. It is thus a long and arduous road for Indonesia to effectively command a single national coast guard. Underlying interests must first be reconciled to avoid fragmentation in future maritime governance.
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Researcher at the Centre for Strategic and International Studies (CSIS), Jakarta
