The Blue Constitution and Marine Ecological Protection in Indonesia: An Empirical Study in Bangka Belitung Province

Abstract

Indonesia's status as an archipelagic state makes the sustainability of marine ecosystems a fundamental ecological, social, and economic concern. Nevertheless, coastal governance continues to face tensions between resource exploitation and environmental protection, particularly in regions affected by offshore mining activities. This study examines marine ecological protection in Central Bangka Regency under Regional Regulation of the Bangka Belitung Islands Province Number 3 of 2020 concerning the Zoning Plan for Coastal Areas and Small Islands (RZWP3K) 2020–2040 through the perspectives of the Blue Constitution and responsive law. Employing an empirical legal (socio-legal) approach, the research combines normative and conceptual analyses with field data collected through interviews with local government officials, village authorities, relevant agencies, and coastal communities. The study focuses on offshore mining zones in Pangkalan Baru District, particularly Batu Belubang, Kebintik, and Tanjung Gunung Villages. The findings reveal that the implementation of the RZWP3K regulation has not been fully effective in protecting marine ecosystems due to the predominance of mining activities that contribute to coastal environmental degradation. From the perspective of the Blue Constitution, this condition reflects the state's limited capacity to fulfil its constitutional obligation to safeguard marine ecosystems and guarantee the right to a healthy environment. Furthermore, the existing governance framework remains inconsistent with Sustainable Development Goal 14 (Life Below Water), particularly regarding marine conservation and the sustainable use of ocean resources. From the standpoint of responsive law, the regulatory framework remains largely top-down and has not adequately incorporated meaningful participation from local communities, especially fishers directly affected by environmental degradation. This study argues for a constitutional and participatory model of marine governance that integrates ecological sustainability, community involvement, and the state's constitutional responsibility in protecting marine ecosystems.