Analisis Kesesuaian Substansi Regulasi Daerah Terhadap Kebijakan Perlindungan Dan Pemberdayaan Nelayan Kecil Di Provinsi Maluku

Abstract

Small-scale fishers play an important role in fisheries and coastal livelihoods in Maluku, making their protection and empowerment dependent on regional regulations that reflect national legal mandates and the allocation of governmental authority. This study examines the extent to which the substance of Maluku Province regulations accommodates these mandates, using Tanimbar Islands Regency as a district-level comparative case. A normative juridical approach based on document analysis was employed. The national legal framework was decomposed into 28 legal-mandate analytical units across seven substantive domains, mapped according to jurisdictional authority, and matched against the regional regulatory corpus to classify provisions as explicit/direct, partial/supporting, absent, or not applicable. Of the 28 units, 23 were applicable at the provincial level: eight (34.8%) were explicit/direct, 14 (60.9%) partial/supporting, and one (4.3%) absent. Maluku Provincial Regulation No. 7 of 2014 provides a general financial-guarantee pathway, making guarantee-access facilitation partial rather than absent, while fisher-insurance participation was the only applicable mandate not identified. Provincial regulatory coverage is distributed across sectoral and cross-sectoral instruments, whereas Tanimbar consolidates more substantive provisions in a dedicated regulation; however, textual comprehensiveness does not establish stronger legal alignment. Substantive regulatory alignment therefore requires linking legal mandates, jurisdictional authority, and regulatory manifestation.