Journal of Environmental Treatment Techniques
2020, Volume 8, Issue 4, Pages: 1498-1503
that the existence of fishermen is protected by Law Number 7
of 2016 concerning the Protection and Empowerment of
Fishermen, Fish Farmers and Salt Farmers. This Law
stipulates the principle of fisherman sovereignty. Second, in
terms of social and economic reasons, the contamination of
Jakarta Bay waters, both from household waste and industrial
waste, is the result of activities on land. In fact, fishermen,
fish breeders, salt farmers depend on fish resources, healthy
environmental conditions, and business certainty in fishing.
The establishment of an artificial fishing ground is
capable of realizing just law because law and justice cannot be
separated, when discussing legal issues it will come to justice.
This means that law is not sufficiently discussed in its context
as merely a formal structure [11, 12]. Justice is the spirit for
written legal norms because justice is able to direct and give
life to written legal norms. Written law is likened to a human
body that needs a spirit so that the human body can live. On
the other hand, a spirit without a human body will result in not
being alienated in life. A harmonious relationship between the
spirit and the human body is indicated by the health of the
human body, so when the human body is sick, surgery must
be performed to maintain the continuity of the spirit in the
human body. The sickness of the human body indicates a
conflict of interest in the human body. This shows that if there
is a conflict of interest between written law and justice, what
can be done is to maintain justice because justice is the spirit
of written law. Written legal norms are only a means of
realizing justice so that it can be replaced or abandoned [12-
Second, the human value that non-consumed green mussels
cultivation on the one hand can empower fishermen,
especially traditional fishermen, to be able to preserve coastal
waters so that it can be enjoyed by both current and future
generations. This is also in line with Indonesia as a welfare
state. Third, the social value that coastal areas and small
islands which have a high diversity of natural resource
potentials are very important for social, economic, cultural,
environmental development, and support the nation's
sovereignty, therefore it needs to be managed in a sustainable
and global perspective with pay attention to aspirations and
participation, especially traditional fishermen, and national
values based on national legal norms [17]. Ideals of law can
be understood as a thought construction which is an
imperative to direct the law to the ideals desired by society.
Without legal ideals, the resulting legal product will lose its
meaning [18]. The first precepts of the Supreme Lordship
include and animate the next four principles: just and civilized
humanity, Indonesian unity, democracy led by wisdom in
deliberation/representation, social justice for all Indonesian
people.[19] This is to resolve the heavy contaminated of
Jakarta Bay and to make sustainable development for people
based on national values.[20-24]
4
Conclusion
The concept of cultivating non-consuming green mussels
in contaminated coastal waters with heavy metals on the north
coast of Jakarta is an ius constituendum. It is need a
cooperation aspect between DKI Jakarta Province and West
Java Province and Banten Province. The three provinces must
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4]. So it takes a complete understanding of the law, not only
understanding the law as the state law means. For this reason,
legal empowerment is needed which is an effort to make the
law empowered in realizing its legal goals or ideals, namely
justice and prosperity for mankind itself so that the lower
layers of society do not become weaker, poorer and helpless
make
a mutual agreement in order to preserve the
environment of Jakarta Bay. In other words, cooperation is
needed in river management from upstream (West Java and
Banten) to downstream (Jakarta Bay). Because until now there
has been no policy from the cooperation of three local
governments (DKI Jakarta, Banten, West Java) to apply the
concept of cultivating green seashell fish for non-consumed or
not for consumption. The reason for the importance of this
concept is because green seashell has the ability to absorb
polluted water so that the waters of Jakarta Bay become clean
water according to standards. After the waters of Jakarta Bay
are clean according to standards, it can be formed as a fishing
ground. The ability of green mussels as a bio filter shows that
[10,15,16].
Legal empowerment in the context of non-consumed
green seashell fish cultivation in the coastal waters of the
north coast of Jakarta is carried out by involving traditional
fishermen, starting from the planning stage. Thus it can be
said that the legal empowerment of the use of coastal areas is
carried out through the process of traditional fisherman
participation. The meaning of traditional fishermen's
participation is to make traditional fishermen have a role in
the process of utilizing the north coast of Jakarta through non-
consumed green seashell fish cultivation. The strict and rigid
application of the concept of utilizing the North coast of
Jakarta (Mechanistic Action) will result in conflict. The
example of a lawsuit against the reclamation permit for Island
G, Island K, Island I, Island F is evidence that strict and rigid
application is not the optimal way to utilize the north coast of
Jakarta. So that in applying the law it is necessary to do the
Human Action Model. This model sees traditional fishermen
as full of socio-cultural and dynamic values. In other words,
the human action model provides a place for traditional
fishermen to negotiate with power holders and the idea of
traditional fishermen is an ingredient in the utilization of
coastal areas.
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kg of green mussels can filter polluted water as much as 10
liters/hour.
There are two implications of the concept of cultivating
non-consuming green mussels in coastal waters contaminated
with heavy metals on the north coast of Jakarta as an ius
constituendum. There are two aspects of policy related to the
discharge of waste into river flows. The second is the
cooperation between DKI Jakarta Province and West Java
Province and Banten Province. The policy aspect related to
the discharge of waste into river streams is carried out by
tightening the discharge of heavy metals by making policies
related to the discharge of waste into the waters of 13 rivers
that empties into Jakarta Bay. For example, waste disposal
from households, industrial waste, and agricultural waste. It is
necessary to make strict regulations into the wastewater
treatment plant (IPAL) regulations. Two things are needed for
this, first vertical coordination to reach an understanding
between the Governor of Banten, the Governor of West Java
and the Governor of DKI Jakarta. Because the north coast of
Jakarta is not only the Provincial Government of DKI Jakarta
that has an interest but also the Provincial Government of
Banten and the Provincial Government of West Java. The
The use of waters in coastal areas contaminated with
heavy metals to serve as non-consumed green seashell is in
accordance with the spirit of Pancasila, in accordance with the
ideals of National Law Science or Pancasila. Law is oriented
towards three pillars which are the balance value of Pancasila.
First, oriented to the divine value that coastal areas and small
islands are natural resources which are a gift from God
Almighty, for that it is necessary to make conservation efforts.
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