Destruction of MDPI-Supported FAD in North Maluku Challenges Maritime Regulation
- December 15, 2025
by Marwan Adam, Putra Satria Timur
A collision in the waters of North Maluku has sparked a litmus test for Indonesia’s maritime regulations, after a licensed Fish Aggregating Device (FAD) owned by small-scale fishers in the Obi Strait was destroyed by a passing industrial barge in late September 2025.
Sarno La Jiwa, an administrator for the Tuna Bisa Mandioli Committee Cooperative, found himself lacked bureaucracy maneuvering skills. Despite the FAD being the first in Indonesia to receive a formal permit with legal assistance from MDPI in 2023, Sarno’s progress stumped for a week–until he called MDPI for assistance.
“We contacted MDPI for consultation: who could we turn to for legal aid? Afterward, they helped connect us with several government parties,” Sarno said. The fishers subsequently filed a police report and engaged the local Marine and Fisheries Agency (DKP), seeking to enforce the regulations that supposedly protected their licensed equipment.
A License to Demand Justice
The destruction of FADs by passing vessels is not uncommon in the busy Molucca Sea. However, this incident marks the first time a legally permitted FAD has been the victim of such vandalism.
“The Cooperative received reports from three fishers at sea that the village FAD had been destroyed,” Sarno recounted. “Our FAD was dragged seven miles away from its registered coordinates by a barge. I immediately went out to sea and gave chase to demand accountability.”
The Cost of Compromise
When Sarno intercepted the barge mid-ocean, the crew initially refused to accept responsibility. However, the dynamic shifted when Sarno presented proof of legality: the FAD was protected by a permit and was situated outside designated shipping lanes.
Faced with the documentation, the barge operators agreed to sign an official incident report (Berita Acara), binding them to liability.
“We consulted with MDPI after receiving no word from the vessel’s owners,” Sarno said. He noted that holding the permit gave them the confidence to pursue the matter firmly—it was the justification needed to prove the FAD was not an illegal obstruction.
Despite the moral victory, the financial reality proved bitter. The cooperative, owned by the community of Madapolo Village in South Halmahera, estimated total losses at IDR 55 million (approx. USD 3,600).
The barge operators, however, agreed to cover only Rp 45 million—roughly 81 per cent of the damages. The fishers accepted the settlement, fearing that a prolonged legal battle would drain more time, money, and energy than the remaining difference was worth.
A Bitter Pill for the Policy
The incident serves as a stark case study for policymakers. While the permit served as a temporary shield against impunity, MDPI notes that full protection for licensed FADs remains elusive.
Observers highlight several critical takeaways from the Obi Strait incident:
- Small-scale fishers are the most exposed party in these disputes, often lacking the financial literacy and resources to navigate complex legal systems.
- There is currently no clear protocol from authorities on how to escort the legal process or physically supervise the location of licensed gear.
- A gap exists between the “on-paper” regulations and reality at sea. Even licensed gear that does not obstruct shipping lanes receives little active protection.
- Lack of implementation capacity may indicate that FAD regulations are difficult for the public to comply with. Possible steps include mainstreaming, simplifying, and disseminating FAD regulations.
For Indonesia’s maritime sector, the incident suggests that while data-driven regulations are the right cure, the current dosage is insufficient. Without simplified regulations and stronger enforcement, permits may remain little more than paper tigers in the face of industrial negligence.