The Reformulation of Administrative Discretion in the Management of Marine Areas by the Regional Government of Maluku Province

Abstract

This study examines governance challenges in Maluku Province as an archipelagic region with vast marine areas, particularly following the enactment of Law Number 23 of 2014 on Regional Government. This law significantly shifted authority over marine management from regency and municipal governments to provincial and central levels, resulting in the loss of local control over waters up to four nautical miles. Consequently, several issues have emerged, including reduced regional revenue, weakened supervision, and delayed responses to conflicts in marine spatial use. In practice, local governments have relied on administrative discretion to address regulatory gaps and maintain public service effectiveness in the marine sector. Discretion, rooted in the principle of Freies Ermessen, allows government officials to act in situations where legal norms are unclear or incomplete. The legal basis for discretion was formally strengthened through Law Number 30 of 2014 on Government Administration. However, the introduction of Law Number 11 of 2020 on Job Creation expanded the scope of discretion by removing the requirement that such actions must not contradict existing laws, raising concerns over potential misuse of authority. This research adopts a normative conceptual approach supported by empirical data to analyze the legal framework and implementation of discretion in marine governance in Maluku. It also proposes an ideal reformulation model to ensure discretion remains adaptive, accountable, and aligned with sustainable marine resource management in archipelagic regions.